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2.
With respect to matters not yet submitted to it, the Court may act at the request of the
Commission.
4.
That in the order of July 29, 1997, the President of the Court considered that the
request from the Inter-American Commission that the State be ordered "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 continuation of the
investigations before the competent judicial organ to determine any criminal responsibility
on the part of Mr. Cesti-Hurtado" could be directly linked to the merits of the case currently
pending before the Commission.
5.
That the facts and circumstances raised by the Commission imply that there is 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 of the Superior
Court of Lima, and the very matter of the merit of the case placed before the InterAmerican Commission and that it is for the Commission to decide at this stage. To accept
the request of the Commission would mean that the Court could advance criteria on the
merits of a case which is not before it yet.
6.
That the President of this Court, in his Order, instructed the State of Peru to adopt
urgent measures by providing Mr. Cesti-Hurtado with proper medical treatment for his heart
disease, with a view to protecting his physical, psychological and moral integrity. The Court
ratifies that order and decides to maintain those measures pursuant to Article 63(2) of the
Convention.
NOW, THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of the powers conferred on it by Article 63(2) of the American Convention on
Human Rights and Article 25(1) and 25 (2) of its Rules of Procedure,
DECIDES:
1.
To ratify the Order of the President of the Inter-American Court of Human Rights of
July 29, 1997.
2.
To call upon the State of Peru to continue with the necessary measures for ensuring
the physical, psychological and moral integrity of Mr. Gustavo Cesti-Hurtado.
3.
To call upon the State of Peru to continue to report every three months on any of the
measures it has taken to comply with this order.
4.
To call upon the Inter-American Commission on Human Rights to submit to the Court
its comments on that information at the latest within two months of receipt thereof.
Héctor Fix-Zamudio
President
Hernán Salgado-Pesantes
Alejandro Montiel-Argüello