Inter-American Court of Human Rights

Case of Loayza-Tamayo v. Peru

Judgment of September 17, 1997
(Merits)

In the Loayza Tamayo Case,
the Inter-American Court of Human Rights, composed of the following judges:
Hernán Salgado-Pesantes, President;
Antônio A. Cançado Trindade, Vice President;
Héctor Fix-Zamudio, Judge;
Alejandro Montiel-Argüello, Judge;
Máximo Pacheco-Gómez, Judge;
Oliver Jackman, Judge; and
Alirio Abreu-Burelli, Judge;
also present:
Manuel E. Ventura-Robles, Secretary; and
Víctor M. Rodríguez-Rescia, Interim Deputy Secretary,
pursuant to Articles 29 and 55 of the Rules of Procedure of the Inter-American Court of
Human Rights (hereinafter "the Court" or "the Inter-American Court"), delivers the following
Judgment in the instant Case.

I
1.
On January 12, 1995, the Inter-American Commission on Human Rights (hereinafter
"the Commission" or "the Inter-American Commission") submitted to the Inter-American
Court a Case against the Republic of Peru (hereinafter "the State" or "Peru") which
originated in a petition (Nº 11.154). In its petition, the Commission invoked Articles 50 and
51 of the American Convention on Human Rights (hereinafter "the Convention" or "the
American Convention") and Articles 26 et seq. of the Rules of Procedure of the Court that

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