The facts of the case relate to the arrest, prosecution and judgment of Gustavo Adolfo Cesti Hurtado, a retired army officer who was brought before the military court for crimes against military duty and fraud.

The IA Court questioned the scope of military jurisdiction in regard to civilians, reiterating the criteria of non-judgment of civilians in military courts, due to one of the principal civil rights of people being the right to be tried by a competent and impartial judge ordained by law. In this regard, it considered military jurisdiction as an exceptional justice of restrictive interpretation.