-22 Simón Bolívar barracks, is allowed no contact with the outside world and is prevented from receiving food or medicines from his wife, despite an agreement with the Public Defender that she could bring them to him three times a day since he suffers from heart problems (cardiac ischemia) since 1994, which may pose a threat to his life, given the tense situation to which he has been subjected; g) That, in its Order of March 24, 1997, the Public Defender overruled the order of Special Public Law Division, and stated that it was improper to appeal that judgment and recommended “to the Supreme Council of Military Courts to comply with judgment rendered in the [habeas corpus] ... without detriment to continuation of the investigations before the competent judicial organ to determine any criminal responsibility on the part of Mr. Cesti-Hurtado ”. h) That on April 14, 1997, in a process flawed by irregularities, the military courts tried Mr. Cesti, despite the order for his release issued in the habeas corpus ruling; i) That on April 25, 1997, the Inter-American Commission on Human Rights requested precautionary measures, and requested that Peru report within “30 days on whether it had completely complied with the order of habeas corpus ... [and] which measures [would be] adopted”; j) That at the request of the Attorney General of the Nation, on May 7, 1997, the Chief Prosecutor, Nelly Calderón Navarro, denounced four examining Magistrates of the Supreme Court of Military Justice before the Supreme Council for the crimes of violence and resisting authority, and abuse of power, for refusing to comply with the order of habeas corpus passed in favor of Mr. Cesti Hurtado by the Special Public Law Chamber of the Public Defender of the Superior Court of Lima; k) That on May 9, 1997, the members of the Criminal Division of the Supreme Court of Military Justice unanimously decided to file a criminal complaint against the Attorney General of the Nation for interfering in its jurisdiction in this case, for the alleged crimes of malfeasance of office and abuse of authority. They also decided that if any judge from that Court were to be summoned by any instance other than the military court, they would not attend; l) That on May 19, 1997, the State, in response to the request for precautionary measures adopted by the Commission, justified the seven-year prison sentence imposed on Mr. Cesti and stated that the Special Public Law Chamber of the Superior Court of Lima, “exercised functions reserved for Military Judges" and that the related question of competence "COULD ONLY BE SETTLED BY THE SUPREME COURT OF THE REPUBLIC, in accordance with Article 4(1) of the Organic Law of Military Justice, as well as the Criminal Procedure Codes,” and therefore the Public Law Chamber did commit malfeasance of office and usurpation of authority. m) That on May 20, 1997, the Second Transitory Criminal Chamber rejected the complaint against the judges of the Military Court for not complying with the habeas corpus judgment issued on behalf of Mr. Cesti-Hurtado. CONSIDERING: 1. That Peru has been a State Party to the American Convention since July 28, 1978, and that on January 21, 1981, it accepted the compulsory jurisdiction of the Court. 2. That Article 63(2) of the Convention provides that in cases of “extreme gravity and urgency, and when necessary to avoid irreparable damage to persons,” the Court, in matters not yet submitted to it, shall, at the request of the Commission, take the provisional measures it considers pertinent. 3. That within the terms of Article 25(4) of the Rules of Procedure of the Court provides that: “[i]f the Court is not sitting, the President, in consultation with the Permanent Commission and, if possible, with the other judges, shall call upon the government concerned to adopt such urgent measures as may be necessary to ensure the effectiveness of any provisional measures subsequently ordered by the Court at its next session.”