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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