Order of the
Inter-American Court of Human Rights
of November 17, 2004
Case of Cesti-Hurtado v. Peru
(Monitoring Compliance with Judgment)

HAVING SEEN:
1.

The Judgment on the merits issued by the Inter-American Court of Human
Rights (hereinafter “the Court” or “the Inter-American Court”) on September
29, 1999, in which it unanimously decided:
1.
to rule that the Peruvian State violated Articles 7(6) and 25 of the American
Convention on Human Rights with regard to Gustavo Adolfo Cesti Hurtado, in the terms
established in paragraphs 123 to 133 of th[e] judgment, and to order that the decision
of the Chamber of Public Law of Lima on the petition for habeas corpus filed by Gustavo
Adolfo Cesti Hurtado, of February 12, 1997, should be complied with;
2.
to rule that the Peruvian State violated Articles 7(1), 2 and 3 of the American
Convention on Human Rights with regard to Gustavo Adolfo Cesti Hurtado, in the terms
established in paragraphs 140 to 143 of th[e] judgment;
3.
to rule that the Peruvian State violated Article 8(1) of the American Convention
on Human Rights with regard to Gustavo Adolfo Cesti Hurtado, in the terms established
in paragraph 151 of th[e] judgment;
4.
to rule that, in the instant case, it was not proved that the Peruvian State
violated Article 8(2) of the American Convention on Human Rights with regard to
Gustavo Adolfo Cesti Hurtado, in the terms established in paragraph 152 of th[e]
judgment;
5.
to rule that, in the instant case, it was not proved that the Peruvian State
violated Article 5(2) of the American Convention on Human Rights with regard to
Gustavo Adolfo Cesti Hurtado, in the terms established in paragraph 160 of th[e]
judgment;
6.
to rule that the Peruvian State violated Articles 1(1) and 2 of the American
Convention on Human Rights with regard to Gustavo Adolfo Cesti Hurtado, in the terms
established in paragraphs 166 to 170 of th[e] judgment;
7.
to rule that in the instant case it was not proved that the Peruvian State
violated Articles 11 and 21 of the American Convention on Human Rights with regard to
Gustavo Adolfo Cesti Hurtado, in the terms established in paragraphs 177, 178 and 183
of th[e] judgment;
8.
to rule that the proceeding against Gustavo Adolfo Cesti Hurtado under the
military justice system is incompatible with the American Convention on Human Rights
and to order the State to annul this action and all the effects that may derive from it;
9.
to rule that the Peruvian State is obliged to pay fair compensation to Gustavo
Adolfo Cesti Hurtado and to indemnify him for any expenses that he may have incurred
in steps related to this proceeding, and
10.
to order that the reparations stage should be opened and to authorize its
President to duly adopt the appropriate measures.

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