Order of the
Inter-American Court of Human Rights*
of February 4, 2010
Case of Cesti-Hurtado v. Peru
(Monitoring Compliance with Judgment)
HAVING SEEN:
1.
The Judgment on the merits delivered by the Inter-American Court of
Human Rights (hereinafter, the “Court,” the “Inter-American Court,” or the
“Tribunal”) on September 29, 1999.
2.
The Judgment regarding the interpretation of the judgment on the merits
delivered by the Court on January 29, 2000.
3.
The Judgment on reparations delivered by the Court on May 31, 2001.
4.
The Judgment regarding the interpretation of the judgment on reparations
delivered by the Inter-American Court in the instant case on November 27, 2001.
5.
The Orders issued by the Court on November 17, 2004, and September 22,
2006, regarding compliance with the Judgment on reparations delivered in the
instant case.
6.
The Order rendered by the Court on August 4, 2008, whereby it declared,
inter alia:
[..]
2.
[t]hat it will keep the proceedings open to monitor compliance with […] all the
reparations ordered by th[e] Court in [said] Judgment, namely:
a) payment of interest on the amount of compensation for moral damage;
b) annulment of the military proceedings and the effects resulting therefrom;
c) payment of pecuniary damages, and
d) investigation of the facts surrounding this case and punishment of the perpetrators.
7.
The brief of November 14, 2008, in which the State of Peru (hereinafter, the
“State" or “Peru”) reported on the status of compliance with the judgment on
reparations in the instant case.
8.
The communication of December 5, 2008, whereby Gustavo Adolfo CestiHurtado, the victim in this case, requested the Court to hold a hearing on
monitoring compliance with the Judgment on reparations (supra Having Seen
clause No. 3,) and the brief of December 29, 2008, whereby Gustavo Adolfo Cesti-
*
Judge Diego García- Sayán, a Peruvian national, excused himself from hearing this case,
pursuant to Article 19 of the Statute of the Court and Article 21 of the Rules of Procedure of the Court,
as approved during its 85th Regular Session, held from November 16 to November 28, 2009, which was
accepted by the Court. Therefore, Judge García-Sayán delegated the Presidency under Article 4(2) of the
Rules of Procedure of the Court to the Vice-President, Judge Leonardo A. Franco, who shall serve as
President for monitoring compliance with judgment in the instant case.