3 office, neglect and fraud were declared null and the Investigative Judge was ordered to suspend the order limiting freedom of movement and the writ of attachment issued against Mr. Cesti-Hurtado. By means of the Order of October 20, 2004, the Décimo Tercer Juzgado Penal de Lima (Thirteenth Criminal Court in and for Lima) dismissed a criminal action brought against Mr. Cesti-Hurtado for his alleged involvement in crimes against the Public Administration committed by public officials, collusion and peculation to the detriment of the State. 7. The comments on the State report submitted by Mr. Cesti-Hurtado on February 21, 2005, and its Appendixes, in which he stated that: a) to date, the State has not paid default interest on the amount awarded for pecuniary damages; b) Messrs. Raúl Talledo-Valdivieso and Guido Guevara-Guerra were only convicted for failing to comply with the writ of habeas corpus in favor of Mr. Cesti-Hurtado. No person has been investigated in relation to his irregular detention and deprivation of liberty. In addition, on account of having been regarded as a witness and not as an aggrieved party in the criminal action brought against some of the former members of the Consejo Supremo de Justicia Militar (Supreme Council of Military Justice) he has not been notified of the progress of said criminal proceedings; nor has he been able to avail himself of the remedies afforded by law to the parties to a proceeding; c) the amount payable under the arbitration award must be paid out of FEDADOI’s funds. Payment of any compensation awarded by the InterAmerican Court has always been made out of FEDADOI’s funds, as was the case with the compensation for moral damage in the instant case; however, the procedure for the payment of the compensation for pecuniary damages has been altered by Law No. 27,775. As a result, he has been discriminated against, as a victim, in the instant case in comparison to the treatment accorded to other victims in other cases decided by the Inter-American Court who received payments in timely fashion, and d) to date, no ruling has been entered to assure Mr. Cesti-Hurtado that “no uncertainty remains about his rights.” The criminal record certificate issued by the Judiciary included proceedings pending against him, which adversely affects his employment opportunities. The State report includes information about a fourth proceeding brought against him, of which he has not been notified yet. 8. The State report of March 11, 2005, stating that, by means of Official Letter No. 316-2005-JUS/DM of February 25, 2005, the Ministry of Justice requested the Minister of Economy and Finance to take all necessary steps to process, pursuant to Law No. 27,775, a budget modification to allocate additional funds to enable settlement of all outstanding payments ordered by the Inter-American Court on the part of Peru. The State indicated that the case of Mr. Cesti-Hurtado is among these cases. 9. The brief of May 3, 2005, containing the comments of the Inter-American Commission on Human Rights (hereinafter “the Commission” or “the Inter-American Commission”) on the State report of February 1, 2005 (supra Having Seen clause No. 6), in which it stated that: