ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF SEPTEMBER 11, 1997
PROVISIONAL MEASURES REQUESTED BY THE
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
IN THE MATTER OF PERU
CESTI HURTADO CASE
HAVING SEEN:
1.
The brief of July 17, 1997, in which the Inter-American Commission on Human
Rights (hereinafter "the Commission" or "the Inter-American Commission") submitted to the
Inter-American Court of Human Rights (hereinafter "the Court" or "the Inter-American
Court") a request for provisional measures on behalf of Mr. Gustavo A. Cesti-Hurtado, in
connection with case Nº 11.730 before the Commission against the State of Peru
(hereinafter "the State" or "Peru"), pursuant to Articles 63(2) of the American Convention
on Human Rights (hereinafter "the Convention" or "the American Convention") and Article
25 of the Rules of Procedure of the Court (hereinafter "the Rules of Procedure".)
2.
The aforesaid communication, in which the Commission requested the Court to call
upon the State:
[t]o comply with the judgment delivered in the habeas corpus proceeding by the Special Chamber
of Public Law of the Superior Court of Justice of Lima, without prejudice to the continuation of the
investigations before the competent judicial organ to determine any criminal responsibility on the
part of Mr. Gustavo Cesti-Hurtado.
3.
The facts contained in the Commission's request, as summarized below:
the "War Chamber " of the Supreme Council of Military Courts, following a complaint
a)
lodged by the Army High Command, instituted preliminary proceedings against Mr. Gustavo CestiHurtado and others for the crimes of non-compliance with the duty and dignity of their function,
negligence and fraud to the detriment of the Peruvian State-Army, in their capacity as insurance
agents for the Army;
b)
on December 23, 1996, the Examining Magistrate of the Supreme Council of Military
Courts issued a subpoena in which the Military Courts implicated Mr. Cesti, a Peruvian army
captain in retirement for the past 13 years, together with four other serving army officers, in a
trial for fraud which resulted in a warrant for his arrest and a ban from leaving the country;