Inter-American Court of Human Rights

Case of Loayza-Tamayo v. Peru
Order of November 17, 1999
(Compliance with Judgment)

HAVING SEEN:
1.
The judgments on preliminary objections and the merits rendered by the
Inter-American Court of Human Rights (hereinafter “the Court” or “the InterAmerican Court” or “the Tribunal”) on January 31, 1996 and September 17, 1997,
respectively. In both judgments the Court ruled on the inadmissibility of the
objection interposed by the State of Peru (hereinafter “the State” or “Peru”)
concerning the non-exhaustion of domestic remedies.
2.
The September 17, 1997 Judgment on the Merits rendered by the InterAmerican Court in the Loayza Tamayo Case, in which it ordered, in the fifth operative
paragraph, by six votes to one, that
...the State of Peru release María Elena Loayza-Tamayo within a reasonable
time, on the terms set forth in paragraph 84 of [said] judgment.

In the sixth operative paragraph of the Judgment, it ordered, unanimously,
[t]hat the State of Peru is obliged to pay fair compensation to the victim and
her next-of-kin and to reimburse them for any expenses they may have incurred in their
representations before the Peruvian authorities in connection with this process, for which
purpose the corresponding proceeding remains open.

3.
The Judgment on Reparations rendered by the Court on November 27, 1998,
in which it ordered
AS RESTITUTION MEASURES,
Unanimously
1.
that the State of Peru shall take all measures necessary to re-instate Ms. María
Elena Loayza-Tamayo in the teaching service in public institutions, on the understanding
that the amount of her salaries and other benefits shall be equal to the pay she was
receiving for her teaching services in the public and private sectors at the time of her
detention, appreciated to reflect its value as of the date of this Judgment.
Unanimously
2.
that the State of Peru shall guarantee to Ms. María Elena Loayza-Tamayo her
full retirement benefits, including those owed for the period transpired since the time of
her detention.
Unanimously

Select target paragraph3