-44 2. With respect to matters not yet submitted to it, the Court may act at the request of the Commission. 4. That in the order of July 29, 1997, the President of the Court considered that the request from the Inter-American Commission that the State be ordered "to comply with the judgment rendered in the [habeas corpus] proceeding by the Special Public Law Chamber of the Superior Court of Justice of Lima, without detriment to continuation of the investigations before the competent judicial organ to determine any criminal responsibility on the part of Mr. Cesti-Hurtado" could be directly linked to the merits of the case currently pending before the Commission. 5. That the facts and circumstances raised by the Commission imply that there is a direct link between the Commission's request for Mr. Cesti-Hurtado's release, in compliance with the order of habeas corpus issued by the Special Public Law Chamber of the Superior Court of Lima, and the very matter of the merit of the case placed before the InterAmerican Commission and that it is for the Commission to decide at this stage. To accept the request of the Commission would mean that the Court could advance criteria on the merits of a case which is not before it yet. 6. That the President of this Court, in his Order, instructed the State of Peru to adopt urgent measures by providing Mr. Cesti-Hurtado with proper medical treatment for his heart disease, with a view to protecting his physical, psychological and moral integrity. The Court ratifies that order and decides to maintain those measures pursuant to Article 63(2) of the Convention. NOW, THEREFORE: THE INTER-AMERICAN COURT OF HUMAN RIGHTS, in exercise of the powers conferred on it by Article 63(2) of the American Convention on Human Rights and Article 25(1) and 25 (2) of its Rules of Procedure, DECIDES: 1. To ratify the Order of the President of the Inter-American Court of Human Rights of July 29, 1997. 2. To call upon the State of Peru to continue with the necessary measures for ensuring the physical, psychological and moral integrity of Mr. Gustavo Cesti-Hurtado. 3. To call upon the State of Peru to continue to report every three months on any of the measures it has taken to comply with this order. 4. To call upon the Inter-American Commission on Human Rights to submit to the Court its comments on that information at the latest within two months of receipt thereof. Héctor Fix-Zamudio President Hernán Salgado-Pesantes Alejandro Montiel-Argüello

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