27
76.
On March 8, 1997, having taken the preliminary statement of the alleged
victim, the Examining Magistrate of the Supreme Council of Military Justice ordered
his detention in the Military Prison of the Bolivar Barracks, Pueblo Libre.
77.
On March 13, 1997, the Judge of the Thirtieth Criminal Court of Lima notified
the President of the Supreme Council of Military Justice that he should order the
immediate liberty of Gustavo Cesti Hurtado, lift the impediment to leave the country
and suspend proceedings under the military justice system. The following day,
personnel of the Thirtieth Court went to the Bolivar Barracks and confirmed that
Gustavo Cesti Hurtado was still detained and that the order directing that he should
be liberated had not been executed, although there was evidence that, contrary to
the affirmations of the Chief of the Bolivar Barracks, the Supreme Council of Military
Justice had received the injunction of the Criminal Court Judge.
78.
On March 18, 1997, the Judge of the Thirtieth Criminal Court of Lima ordered
that the President of the Supreme Council of Military Justice should again be
informed that Gustavo Cesti Hurtado should be granted immediate liberty, the
impediment for him to leave the country lifted and the proceedings initiated against
him suspended. The same day, the Court-Martial of the Supreme Council of Military
Justice resolved that it would not obey the injunction of the Thirtieth Criminal Court
since the decision of the Public Law Chamber of February 12, 1997, had been
declared inapplicable by the Examining Magistrate of the Supreme Council of Military
Justice (supra 72).
79.
On March 24, and April 1 and 6, 1997, Gustavo Cesti Hurtado enjoined the
Examining Magistrate of the Supreme Council of Military Justice to liberate him, in
compliance with the decision of the Public Law Chamber.
E.
The imprisonment of Gustavo Cesti Hurtado
80.
On April 14, 1997, the Court-Martial of the Supreme Council of Military Justice
pronounced judgment against the alleged victim, condemning him to seven years
imprisonment.
81.
On April 20, 1997, Gustavo Cesti Hurtado requested the Review Chamber of
the Supreme Council of Military Justice to liberate him, in compliance with the
decision of the Public Law Chamber and, before that instance, he also questioned the
merits of the guilty verdict pronounced against him.
82.
On May 2, 1997, the Supreme Council of Military Justice, sitting as a Review
Chamber, modified the judgment of the Court-Martial with regard to the term of
imprisonment imposed on Gustavo Cesti Hurtado, which it set at four years, and the
amount of compensation, which it established at US$390,000.00 (three hundred and
ninety thousand United States dollars) or its equivalent in Peruvian currency.
83.
On May 20, 1997, the Examining Magistrate of the Supreme Council of
Military Justice ordered Gustavo Cesti Hurtado to make the respective payment,
warning him that, to the contrary, his property and assets would be attached without
appeal.
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