28
84.
On June 13, 1997, Gustavo Cesti Hurtado was transferred to the Military
Hospital and on June 16 that year he requested to be transferred to the San Lucas
Clinic.
85.
On October 30, 1997, Gustavo Cesti Hurtado requested that a private doctor
should be authorized to enter the prison installations where he was imprisoned; the
request was refused on November 5 that year.
86.
On December 4, 1997, the President of the Human Rights Committee of the
Bar Association of Lima and the President of the Human Rights Committee of the
Doctors’ Association of Peru went to the Simon Bolivar Barracks in order to visit
Gustavo Cesti Hurtado. However, the military authorities did not allow them to see
him.
87.
At the date of this judgment, the alleged victim continues imprisoned in the
Simón Bolívar Barracks, Pueblo Libre District, Lima.
F.
The complaint against the members of the Public Law Chamber
88.
On March 7, 1997, the Prosecutor General of the military justice system
accused the members of the Public Law Chamber who had declared habeas corpus
admissible, of prevarication and of usurpation of functions, which is an offense
against the public administration, before the Office of the Attorney General.
89.
On July 15, 1997, the Senior Prosecutor responsible for the Office of the
Supreme Prosecutor for Internal Control in the Office of the Attorney General
declared the complaint against the members of the Public Law Chamber without
merit; this was confirmed by the Executive Committee of the Office of the Attorney
General on September 3, 1997.
90.
On July 25, 1997, the Supervisory Office for Judges of the Supreme Court of
Justice of the Republic imposed a disciplinary sanction on the members of the Public
Law Chamber as it considered that, by ordering that the proceeding under the
military justice system should be suspended, the said judges had exceeded their
functions and incurred in negligence in the performance of their duties. Moreover,
this decision declared that
the decision of the Chamber should have resolved – solely and exclusively – that
matters should revert to the situation before the violation or, in this specific case, the
threat of violation of the personal liberty of the citizen, Gustavo Adolfo Cesti Hurtado;
that is, it should have ordered that the warrant of arrest against him should be lifted as
well as the impediment to leave national territory.
However, it made clear that it did not challenge the judicial decision for which the
judges were penalized:
the jurisdictional nature of judicial decisions make them inviolable, as they may only be
modified by another judicial decision, through the appropriate legal channels, and their
functional nature makes the trial judge subject to civil and/or criminal disciplinary
responsibility for negligence or fraud in violation of our legal code, and the sanction or
penalty imposed does not, in any way, modify the effects of the defective judicial
decision.
G.
The complaint against the members of the Supreme Council of
Military Justice
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