6
b)
The guaranteeing of her full retirement benefits, including those owed
for the period transpired since the time of her detention (second
operative paragraph of the Judgment on Reparations of November 27,
1998);
c)
The adoption of all domestic legal measures necessary to ensure that
no adverse decision delivered in proceedings against Loayza-Tamayo
in the civil courts has any effect whatsoever (third operative paragraph
of the Judgment on Reparations of November 27, 1998);
d)
The adoption of all domestic legal measures necessary to adapt
Decree-Laws 25,475 (Crime of Terrorism) and 25,659 (Crime of
Treason) to conform to the American Convention (fifth operative
paragraph of the Judgment on Reparations of November 27, 1998);
and
e)
The investigation of the facts in the instant case, the identification and
punishment of those responsible for those acts, and the adoption of all
necessary domestic legal measures to ensure that this obligation is
discharged (sixth operative paragraph of the Judgment on Reparations
of November 27, 1998).
12.
That the Court is concerned about the fact that, even though almost eight
years have already elapsed since the Judgment on reparations was delivered in the
instant case (supra Having Seen clause No. 2), it has not yet been complied with in
its entirety.
13.
That the Court will assess the general status of compliance with the
Judgments on the merits and on reparations, as well as the Orders delivered in the
instant case (supra Having Seen clauses No. 4, 5, 6 and 7) once it is provided with
the relevant information on the measures pending compliance.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
by virtue of its authority to monitor compliance with its own decisions and pursuant
to Articles 33, 62(1), 62(3), 65, 67 and 68(1) of the American Convention on Human
Rights, and Articles 25(1) and 30 of its Statute and 29(2) of its Rules of Procedure,
DECLARES:
1.
That it will keep open the proceeding for monitoring compliance with the
aspects pending fulfillment in the instant case, namely:
a)
The reinstatement of María Elena Loayza-Tamayo in the teaching
sector in public institutions, on the understanding that the amount of her
salary and other benefits is to be equal to the remuneration she was receiving
for these activities in the public and private sector a the time of her
detention;
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents