3 8. On July 9, 1997, the State presented “consolidated information” on the instant case, which, according to the Commission, contained “a summary of the answers presented in previous communications”. 9. On September 12, 1997, the Commission made itself available to the parties to seek a friendly settlement and requested them to respond within 15 days. The State did not reply to this proposal. 10. On October 16, 1997, during its 97th session, the Commission approved Report No. 45/97, which was transmitted to the State on October 30 that year. In this Report, the Commission concluded that 1. [t]he Peruvian State is responsible for violating the right to personal freedom of Gustavo Adolfo Cesti Hurtado who is detained in the military prison of Simón Bolívar barracks in Lima; this right is protected by Article 7.1 of the American Convention[;] 2. [t]he Peruvian State is responsible for violating the right to due process of Gustavo Adolfo Cesti Hurtado, by submitting him to a tribunal that was not competent to decide on his rights and by depriving him of his personal freedom; these rights are embodied in Articles 8.1, and 7.6 of the Convention, respectively [;] 3. [t]he Peruvian State is responsible for violating the right to privacy of Gustavo Adolfo Cesti Hurtado, by resolving that he was guilty of committing a crime as the result of an illegal process, right which is embodied in Article 11 of the Convention[;] 4. [t]he Peruvian State is responsible for the failure to comply with the content of the habeas corpus decision issued by the Public Law Chamber of Lima in favor of Gustavo Adolfo Cesti Hurtado, in an unappealable and final instance, thus violating his right that the decisions in his favor of the simple and prompt recourses to which he has a right, as established in Article 25.1 and 25.2.a and 25.2.c of the American Convention on Human Rights, should be executed [;] 5. [t]he Peruvian State is responsible for violating the right embodied in Article 21 of the Convention, against Gustavo Adolfo Cesti Hurtado[; and that] 6. [t]he Peruvian State has not allowed Gustavo Adolfo Cesti Hurtado to receive appropriate medical treatment, which is incompatible with Article 5 of the Convention. Furthermore, in the aforementioned Report, the Commission made the following recommendations to the State: 1. [that it should execute] immediately the habeas corpus decision issued by the Public Law Chamber of Lima on February 12, 1997, in favor of Gustavo Adolfo Cesti Hurtado and, consequently, that [it should order] his liberty, leave without effect the proceeding initiated against Gustavo Adolfo Cesti Hurtado under the military justice system and the conclusions reached by this proceeding [; and] 2. [that it should compensate] Gustavo Adolfo Cesti Hurtado for the consequences of the wrongful detention, the irregular proceeding and the questioning of his honor to which he was submitted. The Commission granted Peru a period of one month to comply with these recommendations. 11. On November 25, 1997, the State rejected the Report of the Commission and requested that the case should be definitively filed.

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