7
Iván Bazán-Chacón.
Expert witnesses presented by the Inter-American Commission on Human Rights:
Julio Maier;
León Carlos Arslanian; and
Héctor Faúndez-Ledezma.
Mr. Nigel Rodley, one of the experts witnesses presented by the Inter-American
Commission, did not attend this hearing, although he had been summoned by the Court.
18.
On April 21, 1997, Peru presented the brief containing its closing arguments, and the
Commission did so on April 30.
19.
On June 23, 1997, the Court, so as better to decide, requested Peru to furnish it with
a number of legal texts, and asked the Commission to dispatch the communication in which
Ms. María Elena Loayza-Tamayo filed the res judicata objection based on the principle of
non bis in idem. On July 16, 1997, the Commission filed a copy of that communication
together with a copy of an explanatory document dated April 14, 1994; the 1993 Political
Constitution of Peru and a publication entitled "Legislación sobre Terrorismo y Pacificación."
On August 28, 1997, the State forwarded the other legal texts requested by the Court.
20.
On June 23, 1997, Peru wrote to the Court and informed it that on September 27,
1996, Ms. María Elena Loayza-Tamayo requested a pardon to the ad hoc Commission
created by Law Nº 26.655.
21.
On August 24, 1995, and May 16, 1996, the "Fundación Ecuménica para el
Desarrollo y la Paz" (FEDEPAZ) and Mr. Nicolás de Piérola-Balta, submitted amici curiae
briefs on the principle of non bis in idem.
22.
On September 22, 1995, and August 8, 1996, Peru requested that the amici curiae
presented be declared inadmissible.
The President, through his communications of
September 23, 1995, and September 11, 1996, informed the State that "documents of this
type are added to the file without being formally incorporated into the record of the
proceedings," and that the Court would evaluate those documents in due course.
VI
23.
On April 19, 1996, the Inter-American Commission remitted to the Secretariat a copy
of a brief that had been sent to Peru concerning Ms. María Elena Loayza-Tamayo's
conditions of detention. In that brief it requested the State, pursuant to Article 29 of its
Regulations, to adopt precautionary measures on behalf of Ms. Loayza. On May 28, 1996,
Peru submitted a note to the Secretariat, in response to the Commission's inquiries
concerning the detention conditions, informing it that Loayza Tamayo had now been
convicted by the Supreme Court of Justice and that she would have to serve her sentence in
the manner and conditions dictated by the laws in force in Peru.
24.
On May 30, 1996, the Inter-American Commission submitted a request for
provisional measures on behalf of Ms. María Elena Loayza-Tamayo, in accordance with
Article 63(2) of the Convention and Article 24(1) of the Rules of Procedure then in force, in
which it asked the Inter-American Court to order the State to "bring to an end the solitary
confinement and incommunicado detention imposed on María Elena Loayza-Tamayo on April
9, 1996, and that she be returned to Block 'A' of the Chorrillos Women's Maximum Security