46 2. Where appropriate, the Commission shall make pertinent recommendations and shall prescribe a period within which the state is to take the measures that are incumbent upon it to remedy the situation examined. […] 189. According to the provisions of this Article, the opinions and conclusions of the Commission and the establishment of a period for the State to comply with the recommendations, are issued only when the case has not been submitted to the consideration of the Court. Consequently, the Court has previously stated that the alleged violation of Article 51.2 of the Convention may not be argued in cases that are submitted to it. In the instant case, submitted to the Court in the application presented by the Commission, the acts set forth in Article 51.2 were not executed, so that it is unnecessary for the Court to consider the alleged violation of this Article by the State. XVII APPLICATION OF ARTICLE 63(1) 190. In its application, the Commission requested the Court a. that it should declare that the Peruvian State should execute the writ of habeas corpus issued by the Public Law Chamber of Lima of February 12, 1997, and, consequently, grant Gustavo Cesti Hurtado immediate and unconditional liberty (supra 4); b. that it should annul the whole proceeding against the victim by the Peruvian military tribunals as well as all the effects of the judgment that was pronounced in this irregular proceeding (supra 4); c. that it should order publication, at the State’s cost, of declarations in which “it is made clear that the victim should not be considered guilty of committing any crime in view of the irregularity of the proceeding to which he was submitted” (supra 5 y 171). According to the Commission’s application, the publication of these declarations should conform to the following rules: i) in the written media that reported the alleged guilt of the victim, a one-page declaration must be published and ii) in the national radio and television news programs, communiqués of at least three minutes must be broadcast reporting that the victim should not be considered a criminal and that he is innocent pursuant to the presumption of innocence; d. that Peru should compensate the victim economically for the harm inflicted on his honor and good reputation by treating him as a criminal, prejudicing the normal course of his life including the work and financial aspect, and that the State should be condemned to pay the costs of this proceeding (supra 5 y 171); e. that any lien imposed on the property of the victim as a consequence of the irregular proceeding against him should be lifted and that he should be paid compensation for the embargo of his funds and other properties and for

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents