46
2.
Where appropriate, the Commission shall make pertinent recommendations and
shall prescribe a period within which the state is to take the measures that are
incumbent upon it to remedy the situation examined.
[…]
189. According to the provisions of this Article, the opinions and conclusions of the
Commission and the establishment of a period for the State to comply with the
recommendations, are issued only when the case has not been submitted to the
consideration of the Court. Consequently, the Court has previously stated that the
alleged violation of Article 51.2 of the Convention may not be argued in cases that
are submitted to it. In the instant case, submitted to the Court in the application
presented by the Commission, the acts set forth in Article 51.2 were not executed,
so that it is unnecessary for the Court to consider the alleged violation of this Article
by the State.
XVII
APPLICATION OF ARTICLE 63(1)
190.
In its application, the Commission requested the Court
a.
that it should declare that the Peruvian State should execute the writ
of habeas corpus issued by the Public Law Chamber of Lima of February 12,
1997, and, consequently, grant Gustavo Cesti Hurtado immediate and
unconditional liberty (supra 4);
b.
that it should annul the whole proceeding against the victim by the
Peruvian military tribunals as well as all the effects of the judgment that was
pronounced in this irregular proceeding (supra 4);
c.
that it should order publication, at the State’s cost, of declarations in
which “it is made clear that the victim should not be considered guilty of
committing any crime in view of the irregularity of the proceeding to which he
was submitted” (supra 5 y 171). According to the Commission’s application,
the publication of these declarations should conform to the following rules:
i)
in the written media that reported the alleged guilt of the
victim, a one-page declaration must be published and
ii)
in the national radio and television news programs,
communiqués of at least three minutes must be broadcast reporting
that the victim should not be considered a criminal and that he is
innocent pursuant to the presumption of innocence;
d.
that Peru should compensate the victim economically for the harm
inflicted on his honor and good reputation by treating him as a criminal,
prejudicing the normal course of his life including the work and financial
aspect, and that the State should be condemned to pay the costs of this
proceeding (supra 5 y 171);
e.
that any lien imposed on the property of the victim as a consequence
of the irregular proceeding against him should be lifted and that he should be
paid compensation for the embargo of his funds and other properties and for
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