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the State. On September 19, 2005, the Technical Secretary of the FEDADOI
informed the Secretaría Ejecutiva del Consejo Nacional de Derechos Humanos
(Office of the Executive Secretary of the National Council on Human Rights)
that there were no funds available to meet the request regarding the
outstanding payments due to the writ of execution issued by the Thirty-seventh
Specialized Civil Court as a result of the action filed by Mr. Cesti-Hurtado to
enforce the Arbitration Award.
13.
The comments of the victim of November 21, 2005, and its Appendixes,
whereby he informed that:
a)
the State has failed to comply with the obligation to pay default interest.
Moreover, the State expects to pay the statutory interest despite the Court’s
order that bank default interest rates be applied.
b)
regarding to the investigation of the facts of the instant case, Mr. CestiHurtado stated that proceedings have never been instituted against those
responsible for violating his human rights. The offenses and the facts underlying
the proceedings to which the State referred were different from those relating
to his case. In the aforesaid proceedings, he was regarded as a witness and not
as an aggrieved party. The trial ended in acquittal; therefore, the State cannot
claim to have punished the perpetrators;
c)
in relation to the payment of pecuniary damages, in light of the
complete lack of willingness by the State to comply with this obligation, the
victim resorted to the courts to enforce the arbitration award. the Thirtyseventh Civil Court in and for Lima heard the case and issued a writ of
execution on Peruvian State’s funds, which were placed at its disposal by means
of two deposits in court. Several State officials have put pressure on the Thirtyseventh Court to reverse its decision. Two lawsuits have been filed against Mr.
Cesti-Hurtado that, in addition to putting his personal assets at risk, imply
greater court costs; and
d)
regarding to the annulment of the military proceedings and the effects
resulting therefrom, although the third lawsuit brought against him has come to
an end, the freezing orders on his accounts have not been lifted yet and there is
still some uncertainty about his rights.
14.
The brief of the State of November 29, 2005 and its Appendixes, whereby the
State indicated that, on September 28, 2005, Mr. Cesti-Hurtado collected on the
certificate of deposit in court of the FEDADOI’s funds seized pursuant to the writ of
execution issued by the 37º Juzgado Judicial de Lima (Thirty-seventh Court in and for
Lima).
15.
The comments of the Inter-American Commission of December 5, 2005 on the
State report of October 7, 2005 (supra Having Seen clause No. 12), to wit:
a)
the State has failed to fully comply with the payment of default interest
on the amount of compensation for moral damage;
b)
the Commission condemns that instead of revealing significant progress
in the investigation of the facts and punishment of the perpetrators, the
information provided by the State suggests that there has been regression.
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