44 3. Everyone has the right to the protection of the law against such interference or attacks. 177. The Court considers that a judicial proceeding does not constitute, in itself, an unlawful attack on the honor or dignity of a person. The proceeding serves to resolve a dispute, even though it may indirectly cause annoyance to those who are subject to the prosecution. Moreover, it is almost inevitable that this should be so; to the contrary, the practice of contested lawsuits would be totally excluded. Furthermore, the punishment applied at the end of such a proceeding is not designed to harm those personal values, in other words, it does not attempt to discredit the person convicted, as occurs in the case of infamous punishment, which specifically suspends this intention. Accordingly, the Court considers that, in the instant case, it has not been proved that the Peruvian State violated, per se, Article 11. 178. Moreover, the Court considers that any effects on the honor and good reputation of Gustavo Cesti Hurtado that might result from his detention, prosecution and conviction by the military justice system, would derive from the violation of Articles 7, 8 and 25 of the Convention, which have already been allowed by the Court in this judgment. These effects could be considered in the reparations stage. XV ON ARTICLE 21 179. The Commission maintained that the State violated the right to property of the victim, because the embargo on his property was not a consequence of due process neither was it ordered by a competent and impartial judge. Moreover, the Commission stated that, by keeping the victim imprisoned, Peru had violated his “right to work”, which resulted in indirect damages. 180. In this regard, Peru alleged that the right to property of Gustavo Cesti Hurtado “has never been violated” and that the arguments of the Commission were not “corroborated” by the facts of the case. Likewise, it made some observations on the fact that neither did the payment to which the victim was condemned constitute a violation of the right to property. 181. Furthermore, the State alleged that it had not unduly embargoed, confiscated or expropriated the assets of Gustavo Cesti Hurtado, it had not ordered that he should cease to receive his remuneration’s and that “it had only made effective the precautionary measures designed to ensure compliance with a possible order of compensation or of reparation, as occurred in the… criminal proceeding”. 182. Article 21 of the Convention establishes that 1. Everyone has the right to the use and enjoyment of his property. The law may subordinate such use and enjoyment to the interest of society. 2. No one shall be deprived of his property except upon payment of just compensation, for reasons of public utility or social interest, and in the cases and according to the forms established by law. 3. Usury and any other form of exploitation of man by man shall be prohibited by law.

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