Inter-American Court of Human Rights

Case of Cesti-Hurtado v. Peru

Judgment of September 29, 1999
(Merits)

In the Cesti Hurtado case,
the Inter-American Court of Human Rights (hereinafter “the Court”, “the InterAmerican Court” or “the Tribunal”), composed of the following judges(*):
Antônio A. Cançado Trindade, President
Máximo Pacheco-Gómez, Vice President
Oliver Jackman, Judge
Alirio Abreu-Burelli, Judge
Sergio García-Ramírez, Judge and
Carlos Vicente de Roux-Rengifo, Judge
also present,
Manuel E. Ventura Robles, Secretary and
Renzo Pomi, Deputy Secretary;
pursuant to Articles 29 and 55 of the Rules of Procedure of the Court (hereinafter
“the Rules of Procedure”), delivers the following judgment in the instant case.
I
BACKGROUND TO THE CASE
1.
On January 9, 1998, invoking the provisions of Articles 50 and 51 of the
American Convention on Human Rights (hereinafter “the Convention” or “the
American Convention”), the Inter-American Commission on Human Rights
(hereinafter “the Commission” or “the Inter-American Commission”) filed an
application with the Court against the Republic of Peru (hereinafter “the State”, “the
Peruvian State” or “Peru”), derived from petition No. 11,730, which the Secretariat
of the Commission had received on March 7, 1997.
2.
The Commission declared that the purpose of the application is that the Court
should decide whether, in the case of Gustavo Adolfo Cesti Hurtado, the State
violated Articles 5.1, 2 and 3 (Right to Humane Treatment); 7.1, 2, 3 and 6 (Right to
Personal Liberty); 8. 1 and. 2 (Right to a Fair Trial); 11 (Right to Privacy); 21 (Right
to Property); 25.1 and 25.2.a and c (Right to Judicial Protection); and 51.2, all the
*

Judge Hernán Salgado-Pesantes, who presided the Court until September 16, 1999, withdrew
from taking part in the preparation and adoption of this Judgment on that date.

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