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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