Order of the
Inter-American Court of Human Rights
February 6, 2008
Case of Loayza Tamayo v. Peru
(Monitoring Compliance with Judgment)

HAVING SEEN:
1.
The judgment on the merits of this case delivered by the Inter-American
Court of Human Rights (hereinafter "the Court" or "the Inter-American Court") on
September 17, 1997.
2.
The judgment on reparations in this case, delivered by the Inter-American
Court on November 27, 1998.
3.
The judgment on interpretation of the judgment on reparations in this case,
delivered by the Inter-American Court on June 3, 1999.
4.
The orders delivered by the Inter-American Court on November 17, 1999,
July 1, 2001, November 27, 2002, November 27, 2003 and March 3, 2005.
5.
The order delivered by the Inter-American Court on September 22, 2006, in
which it declared:
1.
That it will keep open the proceeding for monitoring compliance with the aspects
pending fulfillment in the instant case, namely:
a)
The reinstatement of María Elena Loayza-Tamayo in the teaching sector in
public institutions, on the understanding that the amount of her salary and other
benefits is to be equal to the remuneration she was receiving for these activities in the
public and private sector at the time of her detention;
b)
The guaranteeing of her full retirement benefits, including those owed for the
period transpired since the time of her detention;
c)
The adoption of all domestic legal measures necessary to ensure that no
adverse decision delivered in proceedings against Loayza-Tamayo in the civil courts has
any effect whatsoever;
d)
The adoption of the internal legal measures necessary to adapt Decree-Laws
25,475 (Crime of Terrorism) and 25,659 (Crime of Treason) to conform to the American
Convention, and
e)
The investigation of the facts of the instant case, identifying and punishing
those responsible for those acts, and the adoption of all necessary domestic legal
measures to ensure that this obligation is discharged.
[…]

6.
The briefs of February 16, 2007 and July 23, 2007, in which the State of Peru
(hereinafter "the State") reported on the status of compliance with the judgment on
reparations in the instant case.

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