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c)
Mr. Cesti filed a writ of habeas corpus on the ground that he had been wrongfully
included in a case before the Military Courts, inasmuch as he was a civilian in private practice;
d)
Article 173 of the Peruvian Constitution provides that members of the armed and police
forces shall be subject to military justice and to the provisions of the Code of Military Justice in
connection with crimes committed in the course of duty, this not being applicable to civilians,
save in allegations of treason and terrorism;
e)
on February 12, 1997, the Special Public Law Chamber declared the writ of habeas
corpus admissible, ordered the immediate annulment of the order of arrest and the order banning
Mr. Cesti from leaving the country and suspended the case brought before the Supreme Council
of Military Justice;
f)
on February 26, 1997, the Examining Magistrate of the Supreme Court of Military Justice
overruled the order of habeas corpus, accused the examining magistrates of the Special Public
Law Chamber of interference in the functions of the Court and decided that the detention order
issued by the Supreme Court of Military Justice should be executed;
g)
Mr. Cesti was arrested on February 27, 1997. He is currently being held at the Simón
Bolívar barracks in the city of Lima, is allowed no contact with the outside world and is prevented
from receiving food or medicines from his wife, although he has been suffering from cardiac
ischemia since 1994, which may pose a threat to his life, owing to the pressure to which he has
been subjected;
h)
in response to a request from Mr. Cesti's wife, the Public Defender made a
recommendation to the appropriate authorities on March 24, 1997, in which he pronounced on
the appealable decision of the Special Public Law Division and recommended compliance with the
habeas corpus judgment;
i)
on April 14, 1997, in a trial flawed by irregularities, the military courts sentenced Mr.
Cesti to seven years in prison, despite the order for his release issued in the habeas corpus
ruling;
j)
on April 25, 1997, the Inter-American Commission approved a request for precautionary
measures submitted on April 23, 1997, and requested that the State report within 30 days on
whether it had complied with the order of habeas corpus;
k)
at the request of the Attorney General of the Nation, on May 7, 1997, the Chief
Prosecutor, Mrs. Nelly Calderón Navarro, denounced four examining magistrates of the Supreme
Court of Military Justice before the First Transitory Criminal Chamber of the Supreme Court of
Military Justice for the crimes of violence, resisting authority, and abuse of power, for refusing to
comply with the order of habeas corpus in favor of Mr. Cesti-Hurtado;
l)
on May 9, 1997, the ten members of the Criminal Division of the Supreme Court of
Military Justice unanimously decided to file a criminal complaint against the Attorney General of
the Nation, Miguel Aljovín, for the alleged crimes of malfeasance of office and abuse of authority.
They also decided that if any military judges were to be summoned by any instance other than
the military court, they would not attend;
m)
on May 19, 1997, the State, in response to the request for precautionary measures
adopted by the Commission, attached a copy of a note from the President of the Supreme Council
of Military Justice, explaining the seven-year prison sentence imposed on Mr. Cesti. With regard
to the order of habeas corpus of the Special Public Law Chamber of the Superior Court of Lima, it
stated that "it [had] exercised functions reserved for Military Judges" and that the related
question of competence "could only be settled by the Supreme Court of Justice;"
n)
on May 20, 1997, the Second Transitory Criminal Chamber delivered an order rejecting
the complaint against the judges of the Military Court for not complying with the habeas corpus
judgment issued on behalf of Mr. Cesti-Hurtado, on the ground that the crimes committed should
be tried in the military courts.
4.
The Order of the President of this Court of July 29, 1997, in which he decided:
1.
To request the Government of the Republic of Peru to adopt, forthwith, such measures as
may be necessary to ensure the physical and moral integrity of Mr. Gustavo Cesti-Hurtado, so that
any provisional measures that the Court may take may have the pertinent effects.