48
obliged to comply with it. Consequently, the Court considers that the State must
execute the habeas corpus decision issued by the Public Law Chamber of Lima on
February 12, 1997.
194. Regarding the Commission’s second claim, the Court considers that the
proceeding against Gustavo Cesti Hurtado under the military justice system was
irregular. The Court has already declared, in this judgment, that the proceeding to
which Gustavo Cesti Hurtado was submitted is a violation of his right to be heard by
a competent tribunal, under Article 8.1 of the Convention (supra 151). Based on the
foregoing, the Court considers that the proceeding against Gustavo Cesti Hurtado
under the military justice system is incompatible with the Convention, so that it
considers it in order to rule that the State must annul this proceeding and all the
effects derived from it.
195. With regard to the Commission’s third claim, the Court considers that the
possible publication, at the cost of the State, of communiqués in which “it is made
clear that the victim should not be considered guilty of committing any crime in view
of the irregularity of the proceeding to which he was submitted”, represents a
measure of reparation to be considered during the corresponding stage.
196. As for the Commission’s fourth claim, the Court considers that reparation of
the consequences of the violation of the specific rights in the instant case is in order;
this should include a fair compensation and the payment of any expenses that the
victim incurred as a result of measures relating to this proceeding.
197. With regard to the Commission’s fifth claim, the Court considers that the
consequences on the assets of Gustavo Cesti Hurtado due to his detention,
prosecution and conviction, in particular, the embargo on his property, is a matter to
be considered at the reparations stage.
198. In order to decide on reparations, the Court will require further information
and evidence in addition to that which has been provided; accordingly, it orders that
the corresponding procedural stage should be opened, and to this effect, authorizes
its President to duly adopt any necessary measures.
199.
Therefore,
XVIII
OPERATIVE PARAGRAPHS
THE COURT,
DECIDES
unanimously
1.
to rule that the Peruvian State violated Articles 7.6 and 25 of the American
Convention on Human Rights with regard to Gustavo Adolfo Cesti Hurtado, in the
terms established in paragraphs 123 to 133 of this judgment, and to order that the
decision of the Chamber of Public Law of Lima on the petition for habeas corpus filed
by Gustavo Adolfo Cesti Hurtado, of February 12, 1997, should be complied with;
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos