9
of June 12, in which it indicated that Ms. María Elena Loayza-Tamayo was serving her
sentence and
that at no time have [her] imprisonment conditions deteriorated ... she is regularly visited by her
next-of-kin and attorneys as stipulated in the legislation in force in Peru, and that claims that she
is being held in a different (smaller) cell from those inhabited by other prisoners are false ...; that
her living conditions are the same as the rest of the prison population and there is therefore no
danger to her physical, psychological and moral integrity, since she is imprisoned with other
prisoners whose behavior is similar to her own...
27.
On July 1, 1996, the Commission presented its comments on the above brief,
reiterating the arguments it adduced in its request of May 30, 1996, for provisional
measures, reporting that Ms. María Elena Loayza-Tamayo was subjected to a regime of
incommunicado detention in which she is deprived of light and is confined to a tiny cell for
twenty-three and a half hours a day, which facts constitute "in themselves, forms of cruel
and inhuman treatment." The Commission also repeated its request that the Court order
Peru "[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 Penitentiary, in the same conditions in which she
had been held prior to her transfer."
28.
By Order of July 2, 1996, the Court adopted provisional measures, ratified the Order
of the President of June 12, and once more called upon the State to take all the measures
necessary for the effective safeguard of Ms. María Elena Loayza-Tamayo's physical,
psychological and moral integrity. It also called upon Peru to report every two months to
the Court on the measures it has taken, and on the Commission to submit to the Court its
comments on that information not later than one month from the date of its receipt.
29.
The Commission, in its comments of September 12, 1996, reiterated its request to
the Court that it call upon Peru to bring to an end the solitary confinement imposed on Ms.
María Elena Loayza-Tamayo, since her health has deteriorated, owing to the fact that
she is subjected to an inhuman and degrading regime, derived from her state of incommunicado
and 23,5 hours of incarceration per day, from a humid and cold prison, measuring approximately
two by three meters, without direct ventilation, where there are cement slabs, a letrine and
lavatory for hands... The prison cell has no direct light; the light enters in a narrow and indirect
way from the fluorescent lights in the hallways. She is not allowed to have a radio, newspaper or
magazine. She is only authorize to see the daylight 20 or 30 minutes per day.
In addition, in a medical document of July 25, 1996, Dr. Julia Ruiz-Camacho, Chief
Physician of Health for the Penitentiary of High Security Chorrillos certified that after having
examined Ms. María Elena Loayza-Tamayo, she found her suffering from physical and
psychological illnesses, among them, a syndrome of anxious depression.
30.
On September 13, 1996, the Court dictated an Order with respect to the request of
the Commission from the former day which considered-taking into account that the State
has not presented the Report requested by the President in the Order of July 2, 1996 -that
the prison conditions of Ms. María Elena Loayza-Tamayo were aggravating her physical,
psychological and moral health, according to the Commission. Consequently, the Court
requested Peru to change the prison conditions, in particular the conditions of isolation to
which she was subjected, in order to comply with what is established in Article 5 of the
American Convention. It also requested that she be given medical treatment, physical and
psychiatric as soon as possible.
31.
On October 11, 1996, the Secretariat reiterated to Peru its request for the Report on