24 VII REGARDING THE FACTS 63. Having examined the documents, the declarations of the witnesses, the reports of the experts, and also the statements of the State and of the Commission during the proceedings, the Court considers that the following relevant facts have been proved: SPECIFIC FACTS REGARDING THE INSTANT CASE 64. Gustavo Adolfo Cesti Hurtado, is a Peruvian citizen who retired from the Army in 1984 and who, at the time of the facts, was Manager of the private firm “Top Security”. This firm advised the Logistics Command of the Peruvian Army (hereinafter “COLOGE”) on insurance matters. A. The complaint against Gustavo Cesti Hurtado 65. On November 25, 1996, the Commander General of COLOGE formulated a criminal complaint before the President of the Supreme Council of Military Justice against four military officers and against the alleged victim for a crime against the duty and dignity of the service and for the crime of fraud. On December 23, that year, the Court-Martial of the Supreme Council of Military Justice decided to prepare a case against Gustavo Cesti Hurtado, among others, for the crimes of disobedience against the duty and dignity of the service, negligence and fraud. 66. On January 9, 1997, the Supreme Council of Military Justice summoned Gustavo Cesti Hurtado to make a preliminary statement on January 15, 1997. Gustavo Cesti Hurtado did not appear to make a declaration and, therefore, on January 17, 1997, the Supreme Council of Military Justice changed the order of appearance and ordered his remand in custody, his capture and the impediment to his leaving the country. B. Habeas corpus procedure 67. On January 31, 1997, the alleged victim filed a petition for a writ of habeas corpus before the Public Law Chamber of the Superior Court of Justice of Lima, in the text of which he stated that his right to personal liberty was threatened by the order of arrest and the impediment to leave the country which had been issued against him by the Supreme Council of Military Justice. Likewise, Gustavo Cesti Hurtado declared that “a civilian…, does not have to be included in or have his rights limited by the orders of a military judge”. 68. On January 31, 1997, the Permanently Sitting Criminal Court of the Judicial District of Lima agreed to process the petition for habeas corpus filed by the alleged victim, summoned the Examining Magistrate of the Supreme Council of Military Justice and ordered that a summary investigation should be held. On February 3, 1997, the Judge of the Thirtieth Criminal Court of Lima took over the case, and the same day, personnel of her Court took a declaration from the Secretary General of