ORDER OF THE PRESIDENT OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS OF JULY 29, 1997 PROVISIONAL MEASURES REQUESTED BY THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS IN THE MATTER OF PERU CESTI HURTADO CASE HAVING SEEN: 1. The request of July 17, 1997, submitted to the Inter-American Court of Human Rights (hereinafter "the Court" or "the Inter-American Court") by the Inter-American Commission on Human Rights (hereinafter "the Commission" or "the Inter-American Commission") for the Court to adopt provisional measures, pursuant to Articles 63(2) of the American Convention on Human Rights (hereinafter “the Convention” or “the American Convention”) and 25(4) of the Rules of Procedure of the Court (hereinafter “the Rules of Procedure”), on behalf of Mr. Gustavo Cesti Hurtado, in connection with case Nº 11.730 before the Commission against the State of Peru (hereinafter "the State" or "Peru"). 2. According to the Commission, the following events justify the provisional measures: a) That on December 23, 1996, the military Courts included Mr. Gustavo Cesti Hurtado, a Peruvian army captain in retirement for the past 13 years, together with other officers, in a complaint presented by the Army High Command for the crime of fraud and others, to the detriment of the Peruvian State-Army, which resulted in a warrant for his arrest and a ban from leaving the country; b) Article 173 of the Peruvian Constitution provides that members of the armed and police forces shall be subject to military justice and to the provisions of the Code of Military Justice are applicable to them in connection with crimes committed in the course of duty, this not being applicable to civilians, save in allegations of treason and terrorism; c) That Mr. Cesti, being a civilian, worked solely in private practice although he maintained a working relationship with the army as an insurance agent for the army with the insurance company “Popular y Porvenir”; d) That Mr. Cesti filed a writ of habeas corpus before the Special Public Law Chamber, which, on February 12, 1997, declared the writ admissible and ordered the immediate annulment of the order of arrest, the order banning Mr. Cesti from leaving the country and the suspension of the proceedings before the Supreme Council of Military Justice. e) That on February 26, 1997, the Examining Magistrate of the Supreme Court of Military Justice overruled the order of habeas corpus, accused the members of the Special Law Chamber of interference in the functions of the Court and ordered that the immediate execution of detention order issued by the Supreme Court of Military Justice should be executed; f) That Mr. Cesti was arrested on February 27, 1997. He is currently being held at the