6
For the above-stated reasons, the victim requested that the Court:
a.
declare the total non compliance of Peru and reiterate that it continues
to be obligated, in accordance with Article 68 of the American Convention on
Human Rights, to comply with the judgments of the Court, in particular in this
case, independent of the withdrawal of the recognition of the contentious
jurisdiction of the Court;
b.
adopt urgent measures that ensure the freedom of Ms. María Elena
Loayza Tamayo and the internal measures necessary for compliance with the
other points of the Judgment on Reparations;
c.
call the attention of the States of the region, collective guarantors of
the system, and of the States Parties in accordance with Article 65 of the
American Convention on Human Rights to the non-compliance with the
judgment;
d.
request that the General Assembly of the OAS consider the suspension
of Peru from the organization until it complies with the judgment rendered in
this case; and
e.
inform the various international organizations of Peru’s decision.
14. The July 26, 1999 writing of the Inter-American Commission in which it
submitted its observations to the June 14, 1999 Order of the Second Transitional
Criminal Court of the Supreme Court of Peru.
In that writing, the Commission
stated that:
a.
the State has not executed in a full and complete manner the
November 27, 1998 Judgment.
b.
Article 67 of the American Convention on Human Rights establishes in
an unequivocal manner that the judgments rendered as a result of a
contentious proceeding before the Court can not be impugned;
c.
the noncompliance of Peru constitutes defiance of Article 68(1) of the
American Convention on Human Rights, which establishes the obligatory
nature of the judgments of the Court and, categorically and unequivocally,
the obligation of the States Parties to that Convention to comply with that
which is ordered in the judgments of the Court. The alleged unenforceability
of the Judgment on Reparations has its origin in Peru’s interpretation of its
internal law;
d.
it is the duty of the State to comply in good faith with its conventional
obligations; a principle that is referenced in Article 31 of the 1969 Vienna
Convention on the Law of Treaties;
e.
on ratifying the American Convention on Human Rights, States Parties
undertake obligations of protection with respect to all individuals under their
respective jurisdictions. From there derives the duty to comply and to oblige
to comply in good faith with the decisions of the judicial organ established by
this Convention;