3
6.
The States Parties to the Convention must guarantee compliance with its
provisions and its effects (effet utile) within their own domestic laws. This principle
is applicable not only with regard to the substantive provisions of human rights
treaties (i.e. those dealing with the protected rights) but also with regard to
procedural rules, such as those concerning compliance with the decisions of the
Court. These obligations are to be interpreted and enforced in a manner such that
the protected guarantee is truly practical and effective, bearing in mind the special
nature of human rights treaties.4
*
**
7.
As regards the obligation to annul “the military proceedings and the effects
resulting thereform” (Operative paragraph No. 8 of the Judgment on the merits,
and Operative paragraphs No. 2 and 3 of the Judgment regarding the interpretation
of the judgment on the merits,) the State informed that “the military proceedings
instituted against Cesti-Hurtado have been annulled.” In this sense, during the
private hearing held in relation to the instant case (supra Having Seen clause No.
10,) the State affirmed that it would provide the Court with a written report backed
by supporting documents that prove compliance with this paragraph. Said report
would refer, in particular, to “the lifting of the attachments made in several types of
registries, from the public registry to the convictions and pending cases registry
[…]” Moreover, it noted that “in the event the Commission considers […] that the
lifting should be made in any other registry [infra Considering clause No. 9] it would
appreciated it if this is made known to proceed to verify the situation.”
8.
In said private hearing (supra Having Seen clause No. 10,) the
representatives of the victim noted that "a look at the name of Gustavo Cesti on
the screen suffices [..] to see in how many proceedings, after the Court decided […]
to archive them, […] and in which he was eventually acquitted, obviously in all of
them, […] he had to litigate for years after this situation.”
9.
During the private hearing (supra Having Seen clause No 10,) the
Commission noted that even though it was undisputed "that the military
proceedings were annulled and that the attachments were lifted, [..] the
representatives expressed their concern about the fact that there would be some
public registries showing that Cesti-Hurtado would still be subject to prosecution,
i.e. that the public registries have not been updated and that it would be important
that […] the State submit [information] on the measures adopted to wipe out these
effects, alongside the information already furnished on the lifting of the
attachments.”
10.
The Court looks forward to the information and supporting documents
offered by the State about compliance with this obligation. To this respect, the
Court requests the State to furnish copies of the judicial decisions ordering the
annulment of the military proceedings against Cesti-Hurtado, together with any
supporting documents evidencing the lifting of the attachments made in the
pertinent registries.
4
Cf. Case of Ivcher-Bronstein v. Peru. Competence. Judgment of September 24, 1999. Series C
No. 54, para. 37; Case of the “Five Pensioners”, supra note 3, Considering clause No. 7, and Case of
Ivcher-Brostein, supra note 3, Considering clause No. 6.