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comments on that information at the latest within two months of receipt thereof.
4.
The brief of January 9, 1998, in which the Commission submitted the Cesti Hurtado
Case against Peru to the Court.
5.
The brief of January 9, 1998, in which the Commission presented, within the Cesti
Hurtado Case before this Court, another request for provisional measures on behalf of Mr.
Gustavo Adolfo Cesti Hurtado, pursuant to Articles 63(2) of the Convention and 25 of the
Rules of Procedure. In said brief, the Commission requested of the Court:
a)
That it order the conditional freedom of the victim until the conclusion of these
proceedings, condition which will be reviewed pending a decision in the present case before the
Honorable Human Rights Court..., ordering his recapture if this complaint results unfounded.
b)
That it free the victim’s assets that had been frozen, ordering that Mr. Cesti put up
sufficient guarantee for the case in the event that the... complaint was to be declared unfounded
by the Court.
6.
The brief of the State of January 19, 1998, in which it presented its first report on
the measures adopted pursuant to the Order of the Court of September 11, 1997. In said
brief, Peru expressed that it had taken the measures necessary to maintain the physical,
psychological and moral integrity of Mr. Cesti Hurtado, such that, in the last medical visit it
was verified that his clinical health is good as a result of the periodic medical treatment he
receives.
7.
The brief and its annexes of Mr. Oscar Luján Fappiano, the Delegate designated by
the Commission, of January 21, 1998.
8.
The amicus curiae brief of January 21, 1998 from the President of the Executive
Commission of Human Rights of the Lima Bar Association, Mr. Heriberto Manuel Benítez
Rivas.
CONSIDERING:
1.
That Peru has been a State Party to the American Convention since July 28, 1978,
and that it accepted the compulsory jurisdiction of the Court on January 21, 1981.
2.
That Article 63(2) of the Convention provides that:
[i]n cases of extreme gravity and urgency, and when necessary to avoid irreparable damage to
persons, the Court shall adopt such provisional measures as it deems pertinent in matters it has
under its consideration. With respect to a case not yet submitted to the Court, it may act at the
request of the Commission.
3.
that:
That in connection with this matter, Article 25 of the Rules of Procedure provides
1.
At any stage of the proceedings involving cases of extreme gravity and urgency, and
when necessary to avoid irreparable damage to persons, the Court may, at the request of a party
or on its own motion, order such provisional measures as it deems pertinent, pursuant to Article
63(2) of the Convention.
2.
With respect to matters not yet submitted to it, the Court may act at the request of the
Commission.
4.
That the President of the Court, in his Order of July 29, 1997, ratified by this Court
by the Order of September 11, 1997, ordered the State of Peru “to adopt urgent measures
by providing Mr. Cesti-Hurtado with proper medical treatment for his heart disease, with a