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[a]t the reparations stage, the representatives of the victims or of their next of kin may
independently submit their own arguments and evidence.
103. Although the injured parties’ direct participation in the reparations stage is
important for the Court, their nonappearance, as in the instant Case, does not
relieve either the Commission or the Court of their duty as organs of the interAmerican system for the protection of human rights. That duty is to ensure that
those rights are effectively protected, which includes matters related to the duty to
make reparations.
104. Inasmuch as the Court has held that reparations for the victim’s next of kin
are in order, it must now determine their nature and amount. Lacking claims or
allegations from certain family members, the Court will act on the basis of the
information at hand.
105. For the reasons explained and contrary to what the State alleged, the fact
that the victim’s next of kin did not appear before the Court does not prevent the
latter from ordering reparations on their behalf.
VIII
FACTS PROVEN DURING THE REPARATIONS
106. To determine the appropriate reparations in the instant Case, the Court will
have the facts established in the September 17, 1998 Judgment as a reference base.
However, during this stage of the proceedings, the parties have added evidence to
the case file to establish other facts relevant to determining the reparations. The
Court has examined the arguments of the parties and the respective evidence, and
declares the following facts to have been proven.
A) concerning the victim:
a)
She has degrees in education and in social work.
Prior to her
detention, she was a law student and had taken a number of academic
courses and seminars
(cf. curriculum vitae of María Elena Loayza-Tamayo; degree of "Licenciada" in Education in Social
Historical Sciences, awarded to María Elena Loayza-Tamayo, March 26, 1985; degree of
"Licenciada" in Social Work, awarded to María Elena Loayza-Tamayo, July 11, 1991; certification
issued by the Academic Director of the School of Law of the Universidad Mayor de San Marcos
concerning María Elena Loayza-Tamayo, December 17, 1997; registration reports for María Elena
Loayza-Tamayo at the Universidad Nacional Mayor de San Marcos, School of Law, December 16,
1997, Appendix XXV; certification from the National Center of Health-Related Educational
Technology concerning María Elena Loayza-Tamayo, Seminar Workshop on "Didactics as Applied
to Instruction in Health Sciences," April 15, 1988; certification from the Ministry of Health
concerning María Elena Loayza-Tamayo, May 7, 1987, Seminar Workshop on "Public Health-Sex
Education and Family Planning"; record of the Ministry of Health for María Elena Loayza-Tamayo,
April 22, 1987, participation in the "First Aid Training Program" course; certification issued by the
Office of the Director of the Lima-South Departmental Health Unit for María Elena LoayzaTamayo, May 7, 1987; letter from Data Processing, Health, Medicine and Agriculture Projects,
addressed to María Elena Loayza-Tamayo, September 4, 1987, and statement given by María
Elena Loayza-Tamayo before the Inter-American Court of Human Rights);
b)
She was 36 years old at the time of her detention
(cf. María Elena Loayza-Tamayo’s birth certificate and the statement given by María Elena
Loayza-Tamayo before the Inter-American Court of Human Rights);