8
1.
That only the first, second, third and fourth points of the request for
interpretation of the judgment of September 29, 1999, in the Cesti Hurtado case,
filed by the State of Peru, are admissible.
2.
That the first and eighth rulings of the judgment of September 29, 1999, in
which the Inter-American Court of Human Rights ordered the State to comply with
the decision of the Chamber of Public Law of Lima of February 12, 1997, and to
annul the proceeding, as well as all the effects deriving from it, were of an obligatory
nature and, therefore, should be complied with immediately, although this did not
impede the competent authorities from making decisions on Mr. Cesti Hurtado’s
criminal responsibility with regard to the illegal acts that are attributed to him.
3.
That the eighth ruling of the judgment of September 29, 1999, by which the
Inter-American Court of Human Rights ordered the annulment of the proceeding
against Mr. Cesti Hurtado, implied the invalidation of all the legal effects of this,
including, among others, annulment of the embargoes decreed on his property.
4.
That it is not in order for the Inter-American Court of Human Rights to make
a pronouncement on the applicability of its judgments in hypothetical future
situations and that, in this case, the appropriateness of the remedy of habeas corpus
as a procedural channel to define whether the detention of Mr. Cesti Hurtado was of
an arbitrary nature was clearly and duly established by the Court in its judgment of
September 29, 1999.
Done in Spanish and English, the Spanish text being authentic, at the seat of the
Court in San José, Costa Rica, on the 29th day of January 2000.
Antônio A. Cançado Trindade
President
Máximo Pacheco-Gómez
Oliver Jackman
Alirio Abreu-Burelli
Ramírez
Sergio García-
Carlos Vicente de Roux-Rengifo
Manuel E. Ventura-Robles
Secretary
So ordered,
Antônio A. Cançado Trindade
President