4
14.
The Commission claims in its application that:
a.
On February 6, 1993, María Elena Loayza-Tamayo, a Peruvian citizen and a
professor at the Universidad San Martín de Porres, was arrested together with a
relative, Ladislao Alberto Huamán-Loayza, by officers of the National Anti-Terrorism
Bureau (DINCOTE) of the Peruvian National Police, while visiting the construction site
of a property she owned on Mitobamba Street, Block D, Lot 18, Urbanización Los
Naranjos, Distrito de los Olivos, Lima, Peru. The police officers did not produce an
arrest warrant issued by a court or any order from a competent authority. The arrest
was based on a charge made to the police authorities by Angélica Torres García, alias
“Mirtha,” that María Elena Loayza-Tamayo was a collaborator of the subversive group
Shining Path [Sendero Luminoso]. The Supreme Court of Military Justice acquitted
Ladislao Alberto Huamán-Loayza of the crime of treason and he was released in
November 1993.
b.
María Elena Loayza-Tamayo was detained by the DINCOTE from February 6
to 26, 1993. During that period she was held incommunicado for ten days and
subjected to torture, inhuman and degrading treatment and unlawful pressure. All this
was done for the purpose of forcing her to incriminate herself and confess that she
was a member of the Peruvian Communist Party-Shining Path (PCP-SL). Despite this,
the victim not only declared her innocence, denying membership of the PCP-SL, but
“criticized its methods: the violence and the human rights violations committed by
that subversive group.” On March 3, she was transferred to the Chorrillos Women's
Maximum Security Prison and, according to the Commission, was still incarcerated in
Peru on the date the application was filed.
c.
During those ten days she was allowed no contact with her family or her
attorney, nor were they informed of her arrest. María Elena Loayza-Tamayo's family
learned of her arrest through an anonymous telephone call on February 8, 1993. No
protective remedy could be filed on her behalf because Decree Law No. 25.659
(Counter-Insurgency Law) prohibited the filing of “a petition of habeas corpus when
the acts in question concern the crime of terrorism.”
d.
On February 26, 1993, María Elena Loayza-Tamayo was exhibited to the
press, dressed in a striped gown, and accused of the crime of treason against her
country. The Police Report specified that the crime was treason and the next day her
case was brought before the Special Naval Court for trial. A number of judicial
proceedings were instituted before the organs of the Peruvian domestic jurisdiction.
She was tried by the Military Court for the crime of treason against her country: the
Special Naval Court composed of “faceless military judges” acquitted her; the Special
Naval War Council found her guilty on appeal; a petition for nullification was filed and
the Supreme Council of Military Justice acquitted her of that crime and ordered that
the records be forwarded to the regular courts. In that jurisdiction she was tried for
the crime of terrorism: the Forty-third Criminal Court of Lima bound her over for trial;
the “faceless Special Tribunal of the regular court system,” on the basis of the very
same facts and charges, sentenced her to 20 years imprisonment. A petition was filed
with the Supreme Court of Justice seeking nullification of the court's ruling, but was
rejected.