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a)
Mr. Gustavo Adolfo Cesti Hurtado, Peruvian citizen, was a captain in
the Peruvian Army and retired from service in 1984. At the time of the
events in the present case, he was the General Manager of the business “Top
Security Sociedad Anónima” [Top Security Inc], which had a contract for
insurance assistance with the Logistic Command of the Peruvian Army;
b)
in November 1996 a trial was instituted before a Peruvian military
court against several members of the army and Mr. Cesti Hurtado;
c)
on December 23, 1996 Mr. Cesti Hurtado was accused of the crimes of
fraud, negligence, disobedience, and crimes against the duty and dignity of
his position, and on January 17, 1997 the Investigation Director ordered his
arrest;
d)
on January 31, 1997 Mr. Cesti Hurtado filed a writ of habeas corpus on
the grounds that the military courts did not have jurisdiction to try him,
inasmuch as he was a civilian. On February 12, 1997, the writ of habeas
corpus was declared admissible by the Special Public Law Chamber of the
Superior Court of Lima, which ordered that Mr. Cesti Hurtado be dismissed
from the proceedings before the military courts and that the order for his
arrest and the ban from leaving the country be annulled. The military courts
were notified on February 18, 1997 of the Order of the “Special Public Law
Chamber”;
e)
on February 26, 1997 the Supreme Court of Military Justice overruled
the February 12, 1997 Order of the Special Public Law Chamber and ordered
the immediate execution of the arrest warrant against Mr. Cesti Hurtado;
f)

on February 28, 1997 Mr. Cesti Hurtado was arrested;

g)
on March 6, 1997 the Special Public Law Chamber of the Superior
Court of Lima stated that its orders require obligatory compliance and
declared itself competent to decide on motions for constitutional guarantees;
h)
on March 8, 1997 the Examining Magistrate of the military courts
ordered the definite arrest and the continuation of the proceeding opened in
that court against Mr. Cesti Hurtado;
i)
between March 13 and 19, 1997 the Executor Judge of habeas corpus
notified the military court of the Order of the Special Public Law Chamber of
the Superior Court of Lima, and went in person to the military barracks where
Mr. Cesti Hurtado was detained to try, unsuccessfully, to free him;
j)
on April 13, 1997 the War Chamber condemned Mr. Cesti Hurtado to
seven years in prison; and
k)
on May 2, 1997 the Review Chamber of the military court sentenced
Mr. Cesti Hurtado to four years in prison and the payment of US$390,000.00
(three hundred ninety thousand dollars of the United States of America).
III
PROCEEDINGS BEFORE THE COMMISSION

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