-33 4. That in its request for provisional measures, the Commission specifically requests the Court to “order the Illustrious Government of Peru to comply with the judgment rendered in the habeas corpus proceeding by the Special Public Law Chamber of the Superior Court of Justice of Lima, without detriment to the continuation of the investigations before the competent judicial organ to determine any criminal responsibility on the part of Mr. Cesti Hurtado”. 5. That the facts and circumstances raised by the Commission imply that there could exist a direct link between the Commission's request for Mr. Cesti Hurtado's release, in compliance with the order of habeas corpus issued by the Special Public Law Chamber and the very matter of the merit of the case placed before the Inter-American Commission. 6. That in these conditions, this Presidency considers that it lacks the authority to order, with a character or urgency, the provisional measures and their effects requested by the Commission, since to do so would require a more careful study, preliminarily, of the circumstances of the case, and to do so falls entirely under the jurisdiction of the Tribunal. 7. That in spite of the above, from the content of the Commission’s request, this Presidency concludes that, in reference to the state of health of Mr. Cesti Hurtado, it is necessary to request the Government of Peru to take urgent measures to ensure his physical, psychological and moral integrity by providing adequate medical treatment for his heart problems. 8. That Article 5 of the American Convention, in relation to the above provides in its relevant part: 1. Every person has the right to have his physical, mental and moral integrity respected. 2. No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. All persons deprived of their liberty shall be treated with respect for the inherent dignity of the human person. 9. That in accordance with Article 25(4) of the Rules of Procedure, the President of the Court is only empowered to adopt the “urgent measures as may be necessary”, and therefore corresponds to the Court to decide on the admissibility of the provisional measures requested by the Commission during its next session, since in order to order them it is convenient to first hear the respective Government in this case. NOW, THEREFORE: THE PRESIDENT OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS, in consultation with the rest of the judges of the Court and in compliance with Article 63(2) of the American Convention on Human Rights and in exercise of the powers conferred on it by Article 25(4) of its Rules of Procedure, DECIDES: 1. To request the Government of the Republic of Peru to adopt, forthwith, such measures as may be necessary to ensure the physical and moral integrity of Mr. Gustavo Cesti-Hurtado, so that any provisional measures that the Court may take may have the pertinent effects. 2. To request the Government of the Republic of Peru to submit to the President of the