4
Justice.” Regarding payment of the amount due for moral damages, legal costs and
expenses, they stated that they had received no formal communication from the
Ministry of Justice, but that they did receive one from the Supreme Council of
Military Justice, in official letter No. 0107 S-CSJM 1.V.E. of December 5, 2001,
explaining that a request had been filed for “the procedure to be channeled before
the competent authority” for payment of compensation.
Regarding the
compensation for pecuniary damages, the representatives pointed out that the
“Multi-Sector Committee entrusted with studying possible mechanisms […] to fulfill
the responsibility of the State derived from judgments of Supra-National Courts” had
submitted no report, despite the fact that the deadline to do so had expired. They
also pointed out that the domestic legal system provides for alternative conflict
resolution mechanisms, such as Settlement and Arbitration, which were not even
attempted and much less furthered by the State. On the other hand, the victim and
his representative pointed out that Peru “has not been complying with the orders of
the Court set forth in the Judgment on the Merits but rather[,] in violation of the
provisions of said judgment, it had continued with a second criminal proceeding and
was in the investigative phase of a third complaint for the same facts that were
heard under military venue.” They specifically stated that the new complaint filed by
the Public Prosecutor’s Office against Mr. Cesti Hurtado “is based on precisely the
same facts that were heard in the proceeding under regular military venue that
[…]was overruled by Inter-American Court, together with [nullification] of all its legal
consequences.” Finally, they referred to a third complaint being processed by the
Second Anti-Corruption Prosecutor’s Office, regarding which “Gustavo Cesti was able
to ascertain that the facts addressed in this new investigation are the same as in the
proceeding against him under military venue […] and they are the same facts
currently being investigated by the 15th Criminal Court.”
8.
The March 27, 2002 brief, in which the Commission submitted to the Court its
comments on “the March [13] 2002 communication by Mr. Cesti Hurtado regarding
compliance with the judgment of the […] Court”. In this brief, the Commission
pointed out that the State had only complied with the order to release Mr. Cesti
Hurtado. It added that the inter-disciplinary body established to settle the financial
compensations ordered had reached no decision regarding Mr. Cesti Hurtado’s case.
It also pointed out that the State had not complied with the order to investigate and
punish those responsible for Mr. Cesti Hurtado’s indictment. With respect to renewal
of criminal prosecution against Mr. Cesti Hurtado, the Commission pointed out that
due process was being breached, as the victim was being criminally prosecuted for
the third time for the same facts. The Commission also asked the Court to find that
Peru had not fully complied with the judgments issued in the case. Finally, with
respect to the compensations that should have been set by the State, the
Commission asked the Court to order that “they be established by experts appointed
to definitively resolve this matter.”
9.
The November 6, 2002 letter by the Secretariat of the Court, in which, under
instructions by the President, it asked the State to submit a new report on
compliance with the May 31, 2001 judgment (supra Having Seen 3).
10.
The November 28, 2002 brief by the State, in which it reported that payment
of US$ 65,000.00 (sixty-five thousand United States dollars) was pending, and that
it had asked FEDADOI for this amount (supra Having Seen 5).
11.
The December 6, 2002 report by the State, in which it explained that
evaluation of Mr. Cesti Hurtado’s request for the amount of compensation for moral
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