3
on February 8, 1993. No protective remedy could be filed on her behalf because
Decree-Law Nº 25.659 (Treason) prohibited the filing of "a petition of habeas
corpus when the acts in question concern the crime of terrorism."
d.
On February 26, 1993, Ms. María Elena Loayza-Tamayo was exhibited to the
press in "prison stripes," and accused of the crime of treason. She was then taken
to the former Army Veterinary Hospital -later converted into a "holding-station"where she remained until March 3 of that year when she was transferred to the
Chorrillos Women's Maximum Security Prison.
e.
María Elena Loayza-Tamayo was prosecuted before the military jurisdiction on
the charge of treason. Police Report Nº 049-DIVICOTE 3-DINCOTE was established,
charging her with that crime on February 25, 1993. She was later brought before
the Special Naval Court for trial. The Special Naval Court, composed of faceless
military judges, acquitted her in its judgment of March 5, 1993.
She was
subsequently convicted by the Special Naval Court Martial in its judgment of April 2,
1993. The Special Tribunal of the Supreme Council of Military Justice, in its
judgment of August 11, 1993, rejected a petition seeking nullification of the
sentence, acquitted her of treason and ordered the case file to be remitted to the
civil courts so that she could be tried for the crime of terrorism. The Assistant
Special Attorney General filed with the Full Chamber of the Special Supreme Military
Tribunal a petition for special review of that sentence, which culminated in a
judgment upholding her acquittal on September 24, 1993.
f.
Ms. María Elena Loayza-Tamayo continued in detention for the period
between the judgment of the Special Tribunal of the Supreme Council of Military
Justice issued on August 11, 1993, and the detention order issued by the civil courts
on October 8, 1993, although during that period "her judicial position was that of an
acquitted detainee who had been neither tried nor convicted."
g.
Ms. María Elena Loayza-Tamayo was tried in various instances of the civil
courts for the crime of terrorism: the Forty-third Criminal Court of Lima bound her
over for trial on October 8, 1993. Ms. Loayza filed a res judicata objection based on
the principle of non bis in idem. On October 10, 1994, the "faceless special tribunal
of the civil courts" dismissed her objection and sentenced her to 20 years'
imprisonment on the basis of the same cause.
h.
Subsequent to the filing of its application, the Commission informed the Court
that a writ seeking nullification of that judgment was filed with the Supreme Court of
Justice and was dismissed on October 6, 1995. Ms. María Elena Loayza-Tamayo
remained in prison throughout the proceedings in both the military and the civil
courts.
IV
4.
The following paragraphs contain the Court's summary of the file submitted to it by
the Commission on the proceeding before it:
a.
On May 6, 1993, the Commission received the complaint against the
detention of Ms. María Elena Loayza-Tamayo and transmitted it to the State six days
later. On August 23, 1993, the Commission received the State's answer, together
with documentation concerning the case, and the information that the Office of the
Attorney General had initiated criminal proceedings against Ms. María Elena Loayza-