4 1. [That it immediately execute] the habeas corpus ruling rendering by the Special Public Law Chamber of Lima on February 12, 1997, in favor of Mr. Gustavo Adolfo Cesti Hurtado, and as a consequence, [order] his release, [annul] the proceeding that was initiated against Mr. Cesti before the military court and the conclusions reached in that proceeding. 2. [That it compensate] Mr. Gustavo Adolfo Cesti Hurtado for the consequences resulting from the illegal detention, irregular proceedings, and the questioning of his honor to which he was subjected. The Commission also decided to send the above-cited report to the Peruvian State, granting it a period of one month to comply with the recommendations made therein. 8. On November 25, 1997, the State rejected the Report of the Commission and requested that the case be conclusively closed. 9. On December 22, 1997, the Commission decided to submit the case to the Court. IV PROCEEDINGS BEFORE THE COURT 10. On July 17, 1997, prior to the submission of the application, the Commission requested that the Court, as a provisional measure, order that the State 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 by the competent judicial organ to determine any possible criminal responsibility on the part of Mr. Cesti Hurtado. 11. On July 29, 1997, the President requested that the State adopt, “forthwith, such measures as may be necessary to ensure the physical and moral integrity of Mr. Gustavo Cesti Hurtado.” This order was ratified by the Court on September 11, 1997. 12. On January 9, 1998, the Commission requested that the Court order the unconditional release of the victim and the release of his property. On January 21, 1998, the Court required that the State maintain the provisional measures to assure the physical safety of Mr. Cesti Hurtado. 13. On January 9, 1998, the Commission also submitted the application in which it invoked Articles 51 of the American Convention on Human Rights (hereinafter “the Convention” or “the Inter-American Convention”) and Article 26 of its Rules of Procedure. The Commission submitted this case to the Court for a decision as to whether there has been a violation of the following Articles of the Convention: 5(1), 5(2), and 5(3) (Right to Humane Treatment); 7(1), 7(2), 7(3), and 7(6) (Right to Personal Liberty); 8(1) and 8(2) (Right to a Fair Trial); 11 (Right to Privacy); 17 (Rights of the Family); 21 (Right to Property); 25 (1), 25(2)(a), and 25(2)(c) (Right to Judicial Protection); and 51(2) of the American Convention, in relation to Articles 1 and 2 of the same. The Commission also requested that the Court order Peru to punish those responsible for the alleged violations committed to the detriment of the victim, free the victim, and annul the proceedings instituted against him in the military court. The Commission also requested that the State, make reparation and pay compensation to the victim for the period that he has been unduly detained and for the injury to his personal

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