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

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