3
DECIDE[D]
Unanimously
8.
that the restitution measures ordered in operative paragraphs 1, 2, and 3, the
payment of compensatory damages ordered under operative paragraph 4, the
reimbursement of fees and costs ordered in operative paragraph 7, the adoption of other
forms of reparation ordered under operative paragraph 5, and the measures to fulfill the
duty to take domestic measures, ordered under operative paragraph 6, shall be
executed within six months of the date of notification of this Judgment.
Unanimously
9.
that any payment ordered in the present Judgment shall be exempt from
existing or future taxes or levies.
Unanimously
10.
that it shall oversee fulfillment of this judgment.
4.
The writing of Ms. Carolina Loayza Tamayo, representative of Ms. María Elena
Loayza Tamayo, dated December 18, 1998, submitted to the Secretariat of the Court
(hereinafter “the Secretariat”) on January 13, 1999, in which she communicated that
she had carried out the respective actions before the domestic jurisdiction to begin
the execution of the judgment on reparations.
5.
The June 3, 1999 Judgment rendered by the Court on the Interpretation of
the November 27, 1998 Judgment on Reparations.
6.
The June 11, 1999 note of the Secretariat in which it requested from the
State the submission of a report on compliance with the Judgment on Reparations
rendered by this Court in the present case.
7.
The June 16, 1999 communication from Ms. María Elena LoayzaTamayo
(hereinafter “the victim”), in which she stated that on June 14, 1999 Criminal Court
“C” of the Supreme Court of Justice of the Republic of Peru issued an order that
declared the judgment on reparations rendered in this case to be “unenforceable,”
for which reason she requested that the Court adopt measures to assure compliance
with its judgment.
8.
The June 25, 1999 note from the State, with which it remitted a certified copy
of the following documents: the June 14, 1999 Order of the Second Transitional
Criminal Court of the Supreme Court of Peru; the June 16, 1999 Order of Criminal
Court “C” and a second order of Criminal Court “C” of June 16, 1999. It also
remitted a copy of the following documents: official letter number 357-99-P-CSSG/PJ of June 23, 1999; official letter number 868-P-IISPT-CSJ-ETID of June 16,
1999, and official letter 4-YY/004c.a. of December 18, 1998. It also returned the
original text of the Judgment on Reparations and the December 2, 1998 letter from
the Secretariat (CDH-11.154/592), which notified Peru of that judgment.
9.
The June 14, 1999 Order of the Second Transitional Criminal Court of the
Supreme Court of Peru, by means of which it declared:
“Without effect” the Supreme Order dated April 15, 1999, in which it ordered that the
rulings in the judgment of the Inter-American Court of Human Rights concerning the
case of the Peruvian citizen María Elena Loayza Tamayo be sent to the Specialized Court