15
19, 1998, in the petition for habeas corpus filed by Carlos Alfredo Villalba Zapata
(supra 23)25.
58.
The Commission did not contest the document presented by the State, nor
was its authenticity doubted, so that it is appropriate to rule that it should be
incorporated into the pool of evidence in the case.
TESTIMONY
59.
The declarations of the witnesses, Benítez Rivas and Catacora Santisteban,
were not contested during the proceedings and, accordingly, the Court added them
to the pool of evidence in the case. In continuation, the Court summarizes these
declarations.
a.
Testimony of Heriberto Benítez Rivas, Chairman of the Human
Rights Committee of the Bar Association of Lima
Heriberto Benítez is a lawyer by profession and Chairman of the Human
Rights Committee of the Bar Association of Lima. As is the case of almost all
the Bar Associations in Peru, the organization to which he belongs is familiar
with the Cesti Hurtado case. The Committee he chairs issued an opinion in
which it asserted that, as habeas corpus had not been respected, Gustavo
Cesti Hurtado was arbitrarily detained. This opinion was elevated to the
Board of Directors of the Bar Association of Lima, the highest authority of the
Association, which approved it unanimously, so that it constituted an
institutional opinion, which all lawyers were obliged to accept.
The witness declared that the Executive Commission on Human Rights of the
Bar Association of Lima had communicated with the Supreme Court of Justice
of Peru, with the Office of the Public Defender and with human rights
organizations concerned by the situation of Gustavo Cesti Hurtado. It has also
addressed the Supreme Council of Military Justice, requesting it to comply
with the habeas corpus, but it has never obtained an answer.
It had also resorted to the following international organizations seeking
support to ensure compliance with the writ of habeas corpus: United Nations
agencies; Amnesty International; the International Union of Lawyers; the
European Parliament; the Human Rights Committee of the Mexican Chamber
of Deputies; other Bar Associations, such as those of Guatemala and Puerto
Rico; and organizations such as CODEHUCA, Americas Watch, Washington
Law, Washington Office, etc.
The witness declared that the Bar Association had found it “extremely
difficult…, to communicate personally [with Gustavo Cesti Hurtado] in order to
get a real feeling of what he has been suffering”. He mentioned that he had
not been allowed to enter the Simón Bolívar Barracks, where Gustavo Cesti
Hurtado was imprisoned. The witness was only able to speak with him for 10
to 15 minutes on one occasion, after which it was not possible to speak with
him again.
25.
Cfr. authenticated copy of the judgment pronounced by the Jurisdictional Plenary of the
Constitutional Court of Peru on June 19, 1998 in proceeding No. 585-96-HC/TC.