4
11.
Furthermore, the Court highlights that the Commission and the
representatives referred in general terms to the fact that, according to some public
registries, Cesti-Hurtado would still be subject to prosecution. The Court requests
the Commission and the representatives to accurately specify which registries are
those and to define, in particular, in which registries the attachments executed
against Cesti-Hurtado have allegedly not been lifted.
*
*
*
12.
As regards the investigation of the events occurred in the instant case and,
ultimately, the punishment of the perpetrators (Operative paragraph No. 5 of the
Judgment on reparations,) the State informed that during the private hearing
(supra Having Seen clause No. 10) "based on the reports that in due time
submitted the National Prosecutor’s Office, [the Judiciary of Peru] instituted
criminal proceedings against two persons, [..] the then acting Board Prosecutor […]
and […] the Chairman of the Military Justice Board, […] for the commission of the
crime of abuse of authority, and convicted the board prosecutor on June 13, 2003,
which decision was affirmed by the court of appeals on January 30, 2004.” The
State pointed out that it was awaiting the resolution of the "Inter-American Court
[on] whether […] this sanction, this investigation, meets the overall standard set in
its judgment.” The State further noted that “in Peru, the criminal investigations
may be instituted by two ways: by individual report or by […] the Prosecutor's
Office;" thus, it stated that Cesti and his representatives "ha[ve] failed to request
[..] a new investigation [..]," even though they were entitled to do so, although it
acknowledged that this is a state obligation. It highlighted that the Judiciary is
awaiting “the Prosecutor’s Office’s request for further measures,” nonetheless
“there are no pending proceedings [involving] other individuals […]"
13.
The victim and his representatives noted that “the Peruvian State has also
failed to comply with” this paragraph. In this regard, they affirmed that the
convicted defendant, Raúl Aurelio Talledo-Valdivieso, is not the only responsible
one, however “[n]o proceedings have been instituted against the Prosecutor or the
officers who ordered the institution of proceedings [against Cesti-Hurtado,] the
judges of the Military Court who unduly prosecuted and [..] convicted him, the
military authorities who denied [his] release from prison, and the political
authorities then in office who should have ordered his release.” According to the
statements of Cesti-Hurtado and his representatives, the State “mention[ed] a
judgment [against the] weakest member of the establishment, who served as
executing judge, pretending to show that the State had complied with its
obligations." During the private hearing held in the instant case (supra Having Seen
clause No. 10), the representatives of the victim stated again that, “a state of
impunity is visible,” and noted that a conviction for the “crime of abuse of
authority” renders inconsistent with the nature of the violations committed against
Cesti-Hurtado. For this, they requested that the Prosecutor’s Office be required to
report the persons involved in the violations.
14.
The Commission noted that the “State is obliged to investigate and inform in
full detail about the judicial proceedings and sanctions against those responsible for
the violations which the Court have determined since 1999 […]” In this respect,
during the private hearing (supra Having Seen clause No. 10,) it asserted that the
obligation to investigate "is not satisfied with the conviction of one individual," and
reminded that "a great amount of judges were responsible for the defiance of writs
of habeas corpus." Apart from that, it mentioned that, “the State should explain
how it has resorted to all available means […] in the investigation and punishment
of those responsible […]”