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