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view to protecting his physical, psychological and moral integrity.”
5.
That the provisional measures in this matter began when the case was before the
Commission and that the new request, of January 9, 1998, referring to the same facts, was
presented the same day that the Commission submitted the Cesti Hurtado to the Court.
6.
That of the new documentation consigned by the Commission, sufficient elements of
conviction are not present that allow an inference that the situation of Mr. Cesti Hurtado has
deteriorated. In spite of this, if in its January 19th, Report, the State indicates that Mr.
Cesti Hurtado is in “good health,” it is opportune to specify that Consideration 4 of this
Order provides that a doctor of his choice may do the necessary examinations to preserve
his physical and psychological integrity, in the Simón Bolívar Barracks.
7.
That to determine if the events referred to in parts a) and b) of the January 9, 1998,
request for provisional measures (supra, Having Seen 5) and the brief of the Commission of
January 21, 1998 (supra, Having Seen 7) can be adapted to the presuppositions
contemplated in Article 63(2) of the Convention, is something that requires additional
elements of proof than what is currently at the disposition of the Court.
8.
That in examination of the new documentation sent and in accordance with Article
63(2) of the Convention, there are sufficient reasons to maintain the provisional measures
previously adopted, developing them in the previously indicated meaning. (supra, Having
Seen 6).
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 of its Rules of Procedure,
DECIDE:
1.
To call upon the State of Peru to continue with the provisional measures adopted in
the Order of the Inter-American Court of Human Rights of September 11, 1997, to ensure
the physical integrity of Mr. Gustavo Adolfo Cesti Hurtado.
2.
To call upon the State of Peru to permit Mr. Cesti Hurtado to receive the medical
treatment of his choice.
3.
To call upon the State of Peru to continue to report every two 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 six weeks of receipt thereof.
Hernán Salgado-Pesantes
President
Antônio A. Cançado Trindade
Máximo Pacheco-Gómez