8 order of habeas corpus issued by the Public Law Chamber of the Superior Court of Lima, and the substance of the merits of the case laid before the Inter-American Commission, and that it is for the Commission [to decide] at this stage. To accept the application of the Commission as it is submitted, would mean that the Court could advance criteria on the merits of a case that is not yet before it. Furthermore, the Court requested the State to maintain the measures necessary to ensure the physical, mental and moral safety of Gustavo Cesti Hurtado. 38. On January 9, 1998, the same day that the application in the instant case was submitted to the Court (supra 1 and 13), the Commission presented a second request to the Court for the adoption of provisional measures with regard to Gustavo Cesti Hurtado. In such document the Commission requested the Court to order the release of both the victim and his patrimony. 39. On January 21, 1998, the Court issued a decision in which it declared that, in order to decide on the applications of the Commission, it would require additional information to that which it then possessed. Moreover, it requested the State to maintain the provisional measures to ensure the personal safety of Gustavo Cesti Hurtado. 40. At the date of the deliberations on this judgment, the State had presented nine reports on the provisional measures adopted and the Commission had presented its observations on eight of these. V COMPETENCE 41. The Court is competent to hear the instant case. Peru has been a State Party to the American Convention since July 28, 1978, and accepted the contentious jurisdiction of the Court on January 21, 1981. VI THE EVIDENCE DOCUMENTARY EVIDENCE 42. In annex to the written complaint, the Commission presented copies of documents relating to: a. the identity and activities of Gustavo Cesti Hurtado3; b. the criminal complaint against Gustavo Cesti Hurtado4; 3. Cfr. Copy of the Electoral Card of Gustavo Adolfo Cesti Hurtado; copy of a contract dated November 2, 1993, for advisory services on insurance, between the Brigade General Logistics Command (COLOGE) and Gustavo Adolfo Cesti Hurtado, copy of a public document registering the incorporation of the company Top Security Asesores y Corredores de Seguros S.A. 4. Cfr. Copy of official communication No. 342 CL-K1/20.04 of November 25, 1996, signed by the Commander General of COLOGE, Luis Mayaute Ghezzi, addressed to the Division General, President of the