5 to an act – the liberation of Mr. Cesti Hurtado – that should have occurred when the Chamber of Public Law issued its decision on the petition for habeas corpus in his favor, so that any other consideration was not material to the object of this proceeding. 17. This Court considers that the judgment on the merits is clear with regard to meaning and scope when it orders the State to comply with “the decision of the Chamber of Public Law of Lima of February 12, 1997, on the petition for habeas corpus filed by Gustavo Adolfo Cesti Hurtado” and “to annul the proceeding […] under the military justice system […] and all the effects that may derive from it”, so that the State should immediately comply with the ruling. Furthermore, the Court has already duly clarified in its judgment on the merits that “[t]his decision does not impede the competent authorities […] from making decisions about the criminal responsibility of Gustavo Cesti Hurtado with regard to the illegal acts attributed to him”. VII EMBARGOES DECREED ON THE PROPERTY OF MR. CESTI HURTADO 18. In its second point, the State requested the Court to clarify whether, in accordance with paragraphs 183 and 197 of the judgment on the merits and the eighth ruling of this judgment, the embargoes decreed on Mr. Cesti Hurtado’s property should be lifted as a consequence of the judgment on the merits or “whether it [should] make a decision on this issue as a result of the judgment on reparations that might eventually be issued.” 19. Paragraph 183 of the judgment on the merits indicates that [t]he Court considers that, in the context of Article 21 of the American Convention, it was not proved that there had been a violation, per se, of the right to property of Gustavo Cesti Hurtado. The effects on his assets or on his ability to work that his detention, prosecution and conviction may have produced would derive from the violation of Articles 7, 8 and 25 of the Convention; therefore, the Court reserves its decision on such effects until the reparations stage, in such event. Paragraph 197 of the judgment on the merits establishes that the consequences on the assets of Gustavo Cesti Hurtado due to his detention, prosecution and conviction, in particular, the embargo on his property, is a matter to be considered at the reparations stage. 20. On this point, the Commission stated that the expression “all” is sufficiently clear and covers all the legal effects deriving from the undue proceeding against Mr. Cesti Hurtado under the military justice system. 21. In the eighth ruling of the judgment on merits (supra 15), the Court ordered the State “to annul this action and all the effects that may derive from it.” This Court observes that the annulling of a proceeding implies the invalidation of all its legal effects. This is the case of the embargoes decreed on Mr. Cesti Hurtado’s property. VIII

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