4
1.
[That it immediately execute] the habeas corpus ruling rendering by the Special
Public Law Chamber of Lima on February 12, 1997, in favor of Mr. Gustavo Adolfo Cesti
Hurtado, and as a consequence, [order] his release, [annul] the proceeding that was
initiated against Mr. Cesti before the military court and the conclusions reached in that
proceeding.
2.
[That it compensate] Mr. Gustavo Adolfo Cesti Hurtado for the consequences
resulting from the illegal detention, irregular proceedings, and the questioning of his
honor to which he was subjected.
The Commission also decided to send the above-cited report to the Peruvian State,
granting it a period of one month to comply with the recommendations made
therein.
8.
On November 25, 1997, the State rejected the Report of the Commission and
requested that the case be conclusively closed.
9.
On December 22, 1997, the Commission decided to submit the case to the
Court.
IV
PROCEEDINGS BEFORE THE COURT
10.
On July 17, 1997, prior to the submission of the application, the Commission
requested that the Court, as a provisional measure, order that the State comply with
the judgment delivered in the habeas corpus proceeding by the Special Chamber of
Public Law of the Superior Court of Justice of Lima, without prejudice to the
continuation of the investigations by the competent judicial organ to determine any
possible criminal responsibility on the part of Mr. Cesti Hurtado.
11.
On July 29, 1997, the President requested that the State adopt, “forthwith,
such measures as may be necessary to ensure the physical and moral integrity of
Mr. Gustavo Cesti Hurtado.” This order was ratified by the Court on September 11,
1997.
12.
On January 9, 1998, the Commission requested that the Court order the
unconditional release of the victim and the release of his property. On January 21,
1998, the Court required that the State maintain the provisional measures to assure
the physical safety of Mr. Cesti Hurtado.
13.
On January 9, 1998, the Commission also submitted the application in which
it invoked Articles 51 of the American Convention on Human Rights (hereinafter “the
Convention” or “the Inter-American Convention”) and Article 26 of its Rules of
Procedure. The Commission submitted this case to the Court for a decision as to
whether there has been a violation of the following Articles of the Convention: 5(1),
5(2), and 5(3) (Right to Humane Treatment); 7(1), 7(2), 7(3), and 7(6) (Right to
Personal Liberty); 8(1) and 8(2) (Right to a Fair Trial); 11 (Right to Privacy); 17
(Rights of the Family); 21 (Right to Property); 25 (1), 25(2)(a), and 25(2)(c) (Right
to Judicial Protection); and 51(2) of the American Convention, in relation to Articles
1 and 2 of the same. The Commission also requested that the Court order Peru to
punish those responsible for the alleged violations committed to the detriment of the
victim, free the victim, and annul the proceedings instituted against him in the
military court. The Commission also requested that the State,
make reparation and pay compensation to the victim for the period
that he has been unduly detained and for the injury to his personal