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the judgment (cf. Loayza Tamayo case. Order of November 17, 1999. Compliance with
Judgment. Series C No. 60).
In which he decided:
1.
To call on the State to adopt without delay all necessary measures to ensure
effectively the return to her country of María Elena Loayza Tamayo and also her physical,
mental and moral integrity, so that the provisional measures that the Inter-American
Court of Human Rights may decide to order may have the pertinent effects.
2.
To call on the State and the Inter-American Commission on Human Rights to
provide detailed information at January 12, 2001, at the latest, on the situation of María
Elena Loayza Tamayo, so that the Inter-American Court of Human Rights may take an
opportune decision in that respect.
3.
To call on the State to submit to the Court, by January 12, 2001, at the latest,
a report on the measures taken in the light of decision 1 of this Order, so that the Court
may be informed at is next session and to continue providing information on these
measures every six weeks.
4.
To order the Inter-American Commission on Human Rights to submit its
comments on the reports provided by the State, within thirty days of their notification.
6.
The report of the Inter-American Commission of January 5, 2001, which
indicated that:
a)
With regard to the admissibility and validity of provisional measures,
the Commission agrees with the legal principles and adheres to what was requested
in the brief of November 30, 2000, submitted by Mrs. Michelangela Scalabrino
requesting provisional measures in favor of Mrs. Loayza Tamayo, received by the
Secretariat of the Court on December 5, 2000;
b)
Mrs. Loayza Tamayo has suffered severe physical and mental
problems and is currently experiencing a situation of material and spiritual need.
This corresponds to the affirmations in the said brief submitted by Mrs. Scalabrino
(supra Having seen 1), and to the appreciation of members and collaborators of the
Fundación de Ayuda Social de Iglesias (FASIC), which has helped her in the Republic
of Chile;
c)
Mrs. Loayza Tamayo “defrays her most urgent financial needs with
temporary work in a relation of dependence, and the remuneration is scarcely
sufficient to satisfy her basic needs”. Moreover, this type of work is not stable and
not always in the same place, so that she must travel from one place to another in
the country, with the consequent problems with regard to accommodation, personal
relations, and living and working habits, etc; and
d)
It requests the Court to “address itself to the current Government of
Peru and ask it to provide information [...] about the personal bank accounts of
former President Alberto Fujimori Fujimori and former adviser, Vladimiro
Montesinos”.
7.
The reports of Peru submitted on January 12 and 15, 2001, indicating that: