40 151. Regarding the proceeding against Gustavo Cesti Hurtado under an organ of military justice, the Court observed that, when this proceeding was opened and heard, his status was that of a retired member of the armed forces and, therefore, he could not be judged by the military courts. Consequently, the proceeding to which Gustavo Cesti Hurtado was submitted violated the right to be heard by a competent tribunal, according to Article 8(1) of the Convention. 152. The State maintains that the procedural rights set forth in Article 8(2) of the Convention were scrupulously observed. The Commission does not contradict this claim. Consequently, as the allegations regarding the violations of Article 8(2) of the American Convention have not been proved, the Court must reject them. XII ON ARTICLE 5(2) 153. In the text of the application, the Commission declared that Gustavo Cesti Hurtado suffers from serious heart problems and that, by not allowing him to be treated by the doctor of his choice, the State violated the provision of Article 5(2) of the Convention. To justify its allegation, the Commission argued that [i]f a person has the right to be defended by a lawyer of his choice, with even more reason, he has the right to be treated medically by the doctor of his confidence, because it would be very simple to eliminate a person by giving an incorrect diagnosis or prescribing him contraindicated medicines that could produce collapse in patients. 154. Moreover, the Commission requested that the victim should be compensated “for the irregular situation that he has had to undergo by being treated by persons in whom, medically, he has no confidence”. 155. In this regard, the State declared that “it has always respected [the rights to physical safety of persons]” and that the Commission had not mentioned which specific acts had produced the violation. Furthermore, the State asserted that Gustavo Cesti Hurtado enjoys special treatment in compliance with the orders of the Court itself, is subject to medical evaluations, and has a series of amenities enjoyed by no other prisoner in Peru. 156. In its final arguments, the Commission declared that Gustavo Cesti Hurtado had suffered anxiety by being obliged to receive medical treatment that he had not chosen. 157. In its final arguments, the State declared that Captain Cesti Hurtado has received due and adequate medical attention in the Military Hospital, where he goes to the dentist and the doctor every week. All the specialized examinations that he requested due to his heart problems have been carried out in the Military Hospital. However, it was not possible to agree to his request to be treated in a private clinic because it was necessary to avoid making distinctions between prisoners. 158. The Court observed that the substance of this alleged violation was closely connected to the objective of the provisional measures adopted in favor of Gustavo Cesti Hurtado. Therefore, it will study the allegations of the parties in the light of the information contained in the State’s latest reports (supra 40) and the observations that the Inter-American Commission has presented on them.