43
[...] the Court must recall that Peru signed and ratified the American Convention on
Human Rights.
Consequently, it accepted the treaty obligations set forth in the
Convention with respect to all persons subject to its jurisdiction without any
discrimination. It is not necessary to state that Peru, like the other States Parties to the
Convention, accepted the obligations precisely in the exercise of its sovereignty.
On becoming a State Party to the Convention, Peru accepted the competence of the
organs of the Inter-American system for the protection of human rights, and therefore
obligated itself, also in the exercise of its sovereignty, to participate in proceedings
before the Commission and the Court and to assume the obligations that derive from
them and from the general application of the Convention.
170. In conclusion, the Court declared that the negative of the Peruvian military
authorities to obey and execute the legitimate order of the Public Law Chamber is a
violation of Articles 1.1 and 2 of the Convention.
XIV
ON ARTICLE 11
171. The Commission stated that the State violated the victim’s right to honor by
presenting him as a criminal and accepting his guilt as a fact, even when he was not
convicted under a due and proper proceeding.
Furthermore, the Commission
declared that, in the case of Gustavo Cesti Hurtado, good reputation and honor are
particularly essential as he works in the insurance and business sector. Moreover,
the Commission requested that the Court should decree a series of measures to
compensate him, in regard to the alleged violation (infra 190.c).
172. The State rejected the allegations of the Commission. In this regard, it
declared that “it never offends persons” and that it brought the criminal proceeding
against Gustavo Cesti Hurtado in exercise of its responsibilities. It observed that this
proceeding has been of a confidential nature and, lastly, it stated that, in Peru, a
person’s privacy and honor are legally protected and that any person who considers
that he or she has been offended should invoke this protection.
173. On this point, Peru also declared that, by presenting the application, the
Commission was implicitly converting it into a “Nation without law”, and made some
observations about the country’s credibility in international financial circles.
According to the State, “[i]t is paradoxical that the international community trusts
the Peruvian system of laws, which protect human rights, while the [Commission]
accuses it of facts that, in any case, have an ideological bias”.
174. In its final arguments, the Commission repeated that the proceeding under
which Gustavo Cesti Hurtado was judged was not an ordinary proceeding.
175. In its final arguments, the State alleged that there were admissible
presumptions of the responsibility of Gustavo Cesti Hurtado; however, his right to be
presumed innocent had always been ensured.
176.
Article 11 of the Convention establishes that
1.
Everyone has the right to have his honor respected and his dignity recognized.
2.
No one may be the object of arbitrary or abusive interference with his private life,
his family, his home, or his correspondence, or of unlawful attacks on his honor or
reputation.
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