7.
The victims argued that “the State has not yet lifted [Mr. Cesti Hurtado’s] criminal
history, regarding the irregular investigations at the Public Prosecutor’s Office or the
Prosecutor of the Nation that have ended, where the cases have been closed by the
Judiciary.”
8.
The Commission pointed out the importance of having the supporting documentation
regarding the relevant proceedings that established the annulment of the military proceedings
against Mr. Cesti Hurtado, as well as the pending documentation that proves the lifting of the
attachments that were carried out in various records, as was required by the Court in its
Order of February 4, 2010. Furthermore, it considered that, notwithstanding that it does not
have supporting documentation proving the claims of the victims regarding the lack of full
compliance with this obligation, if the records exist, the State must provide the necessary
steps to fully comply with this measure of reparation.
9.
According to the information provided by Peru 6 (supra para. 6), the Court recognizes
that the State has made progress in fulfilling this obligation. Moreover, it recalls that, by
way of the Order of February 4, 2010, "it ask[ed] the Commission and the representatives
to accurately specify under which [...] public records Mr. Cesti Hurtado is still subject to
prosecution[...] and to specifically define those in which the attachment on him has not
been lifted.” 7 Such information was not provided. However, the victims argued once again
and in a general manner that “[Mr. Cesti Hurtado’s criminal history has yet to be lifted,”
without providing evidence showing noncompliance by the State regarding that order.
10.
In view of the foregoing and in order to allow the Court to determine whether there
has been effective implementation of this measure of reparation, the Court states that the
victims or their representatives shall inform the Court, within the period established in the
operative part of this Order, on the alleged public records and which of those indicate that
Mr. Cesti Hurtado is still subject to prosecution and in which of those the history of the
irregular investigations that are closed and archived by the Judiciary appear, as well as
those in which it is evident that the attachment against Mr. Cesti Hurtado has not been
lifted. In the event that the information requested from the victims or their representatives
is not provided within the period specified in this Order, the Court will consider this measure
fulfilled.
11.
Moreover, in response to the information that will eventually be provided by the
victims, the State must report, within the period established in the operative part of this
Order, what additional steps it has taken to comply with this obligation and provide the
corresponding supporting documentation.
6
The State submitted as supporting documentation, among others: Note No. 001-2010-SG-TSMP of
January 7, 2010, signed by the Secretary General of the Military Police Supreme Court addressed to the
Supranational Specialized Public Prosecutor’s Office of the Ministry of Justice, Note No. 002-2010-SG-TSMP of
January 15, 2010, signed by the Secretary General of the Military Police Supreme Court addressed to the
Supranational Specialized Public Prosecutor’s Office of the Ministry of Justice, Resolution of the Plenary of the
Supreme Council of Military Justice of September 14, 2000, Note No. 1034-V.I.CSJM.4S of September 27, 2000
signed by Magistrate of the Supreme Council of Military Justice addressed to the General Manager of Banco
Santander; Note No. 1034-V.I.CSJM.4S of September 2000 signed by the Magistrate of the Supreme Council of
Military Justice addressed to the National Superintendent of Public Records, and Note No. 424 SG-CSJM of
November 18, 1999, signed by the President of the Supreme War Chamber of the Council on Military Justice
addressed to the Chief of the Division of Police Summons.
7
Case of Cesti Hurtado V. Perú. Monitoring of Compliance with Judgment. Order of the Inter-American
Court of Human Rights of February 4, 2010, Considering clause 11.
4