5
damages to be established through arbitration was pending, as arbitration is an
optional rather than a mandatory procedure. The State also pointed out that it
began proceedings against Guido Guevara and Raúl Talledo Valdivieso for abuse of
authority and failure to denounce a crime in connection with disregard for the order
of the Judiciary to release Mr. Cesti Hurtado.
12.
The February 26, 2003 communication by the Secretariat, in which, under
instructions by the full Court, it informed the Commission that its request for the
Court to appoint experts to determine compensation was rejected because it was out
of order (supra Having Seen 8), since “both the judgment on reparations and the
ruling on the request for interpretation of the former established the appropriate
mechanism for Mr. Cesti to file his claims in accordance with domestic Law.” The
Secretariat also asked the parties to provide information on compliance with
operative paragraph two of the May 31, 2001 judgment of the Court (supra Having
Seen 3).
13.
The April 14, 2003 brief by the State, in which it reported that it had paid US$
65,000.00 (sixty-five thousand United States dollars) ordered as compensation in the
judgment on reparations, and that this payment was made at the seat of the Ministry
of Justice of Peru on April 2, 2003.
14.
The May 28, 2003 brief in which the Commission reported that, according to
the information provided by the representative of the victim, the State had complied
with operative paragraph two of the judgment on reparations, regarding payment of
US$ 25,000.00 (twenty-five thousand United States dollars) as compensation for
moral damages.
15.
The June 17, 2003 brief by the representatives of the victim, in which they
pointed out that the State had not fully complied with the judgments of September
29, 1999 and May 31, 2001 (supra Having Seen 1 and 3). They specifically
mentioned that regarding identification and punishment of those responsible, “there
ha[d] been no change with respect to what they pointed out in [their] March 9, 2002
report, as they [had] received no communication from the Peruvian State regarding
progress in the judicial proceedings against some of the former members of the
Supreme Council of Military Justice for their actions in the Cesti Hurtado case, among
others. [They added that] the fact that Mr. Cesti Hurtado ha[d] been called as a
witness rather than being considered an injured party in the proceedings ha[d] not
changed.”
With respect to payment of the compensation ordered for moral
damages, they pointed out that the State delayed payment twenty months beyond
the deadline set by the Court, for which reason they argued that the State should
have paid interest on those arrearages, and it did not do so when it made the
payment. They also reported that an Arbitration Agreement was yet to be signed,
and that arbitrators had not been appointed for the arbitration proceeding to begin.
Finally, they stated that a second criminal proceeding had continued against Mr.
Cesti Hurtado and that a third complaint regarding the same facts heard in the
military trial was in the investigative phase.
16.
The October 13, 2003 brief in which the Secretariat, under instructions by the
President of the Court, asked the State to submit detailed information on the status
of compliance with the judgment in the instant case, especially with respect to
progress of the investigation, “renewal of criminal prosecution against Mr. Cesti
Hurtado,” and payment of interest on arrearages, which according to the
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