26 under the military justice system with an order of arrest because he does not meet the constitutional requirements to be considered an active member of the armed forces as set forth in Article 173 of the Constitution since he was not carrying out work or functions as a member of the armed forces in connection with the facts that are attributed to him, and the principle of the extension of military jurisdiction is not applicable in the present case; ELEVENTH: This being so, and being immune from the proceeding filed under the military justice system, the order of arrest issued against the petitioner, referred to in the third whereas clause, implies an imminent threat to his constitutional right to liberty, so that this panel of judges with constitutional competence must re-establish this right which has been violated; in the understanding that the liberty of the person is the supreme expression of the very essence of the human being, and all the fundamental concepts to achieve social peace and the reign of the rule of the law are addressed to this end, according to the provisions of the Universal Declaration of Human Rights; TWELFTH: In view of the foregoing, as the institution of habeas corpus relates to the protection of the personal liberty of each person, providing protection from coercive acts carried out by any person or entity of any rank or level of authority or competence that violate the right to liberty, it is the appropriate procedure given its legal status as a constitutional guarantee that can be processed immediately and, accordingly, it is applicable in the present case […] As a consequence of the arguments transcribed above, the Public Law Chamber ordered that the order of arrest and the impediment to leave the country should be lifted immediately and also that the proceeding against Gustavo Adolfo Cesti Hurtado should be ceased. This decision was notified to the Public Prosecutor of the Peruvian Army and the Public Prosecutor of the Ministry of the Interior of Peru on February 18, 1997. 72. On February 26, 1997, the Examining Magistrate of the Supreme Council of Military Justice declared that the decision of the Public Law Chamber was inapplicable, and he communicated this decision to the Chamber on March 3 that year. 73. By a decision of March 6, 1997, the Public Law Chamber of the Superior Court of Justice of Lima qualified the decision of the Examining Magistrate of the Supreme Council of Military Justice as a “unilateral and out-of-court act, totally alien to the habeas corpus procedure’; it declared that the said decision did not constitute “a legal action of any kind that… [might be] capable of altering or invalidating the decision of the Public Law Chamber”; that all authorities are obliged to comply with judicial decisions; and that none of them may set aside judicial decisions with the force and effect of res judicata, modify their content or delay their execution, without incurring responsibility. C. Detention of Gustavo Cesti Hurtado 74. On February 27, 1997, Gustavo Cesti Hurtado requested the Examining Magistrate of the Supreme Council of Military Justice to lift the order for his arrest and the impediment to leave national territory and to suspend the criminal action initiated against him under the military justice system, in compliance with the decision of the Public Law Chamber, 75. On February 28, 1997, Gustavo Cesti Hurtado was arrested and imprisoned. D. The criminal action against Gustavo Cesti Hurtado under the military justice system

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents