4
a)
the victim has not received payment of interest on the compensation
awarded for moral damage;
b)
the State has made no reference to Mr. Cesti-Hurtado’s statement
regarding the fact that he is not considered a victim but a witness in the
investigation proceedings relating to the case. Furthermore, the Commission
expressed regret over the lack of up-to-date information about the effective and
tangible results of the measures adopted to investigate the facts of the instant
case;
c)
the State must adopt all such measures as may be necessary to
expedite compliance with the arbitration award in accordance with domestic law
and the Arbitration Agreement of June 26, 2003; and
d)
the State is under the obligation to immediately and completely resolve
the issue of the annulment of the military proceedings and the effects resulting
therefrom.
10.
The comments of Mr. Cesti-Hurtado of May 24, 2005 on the State report of
March 11, 2005 (supra Having Seen clause No. 8), in which he stated that:
a)
although the Minister of Justice has sent an official letter to the Ministry
of Economy to procure the funds necessary to pay the compensation owed by
the State, there has not been any follow-up on said letter;
b)
the default interest payable by the State to the victim and his next of kin
was not included in the State report;
c)
a new law on the FEDADOI has been passed that gives priority to the
payment of compensation ordered in cases of human rights violations;
however, his case has not been resolved despite repeated claim letters and a
request for review;
d)
the State continues to protect those responsible for human rights
violations committed against him. The duty to investigate, prosecute and punish
those responsible for such human rights violations rests with the ad hoc
Prosecutor’s Office for the case of Fujimori-Montesinos; however, the State has
not adopted any measures regarding this matter; and
e)
he is awaiting confirmation of the results of the measures taken to have
all criminal charges and proceedings regarding this case expunged from his
record.
11.
The communication of Mr. Cesti-Hurtado of August 10, 2005, whereby he
informed the Court that on March 29, 2005 he filed a complaint with a Peruvian court
against the State to enforce compliance with the judgments rendered by the InterAmerican Court in the instant case and with the Arbitration Award. Moreover, Mr.
Cesti-Hurtado informed that the 37º Juzgado Civil de Lima (Thirty-seventh Civil Court
in and for Lima) accepted the complaint and issued a writ of execution on State funds,
which were at the Court’s disposal. Mr. Cesti-Hurtado also indicated that, as a result,
the State launched a major press campaign against him and against the Thirty-seventh
Judge.
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