43
f)
Her children could not visit her during the first year of her
detention; they grew up without their mother, and are currently
estranged from her and their grandmother, owing to the financial
situation which makes their education unsustainable; and
g)
Her mother suffers from various physical ailments, including
deafness and blindness.
Regarding the alleged victim’s representation before the national authorities and
before the inter-American system for the protection of human rights and the
expenses relating to this representation.
73(58) Several lawyers acted on behalf of the alleged victim before the
national authorities, while the lawyers, Javier Ríos Castillo and Carolina
Loayza Tamayo represented her before the Inter-American Commission and
the Inter-American Court; they incurred different expenses, which were partly
assumed by the Medical Association of the Peruvian Social Security Institute,
the Physician’s Professional Association of Peru and the Peruvian Medical
Federation and, in part, by Carolina Loayza Tamayo.95
VII
ARTICLES 9, 7, 8 AND 24 OF THE AMERICAN CONVENTION
IN RELATION TO ARTICLE 1(1) THEREOF
(FREEDOM FROM EX POST FACTO LAWS, RIGHT TO PERSONAL LIBERTY,
RIGHT TO A FAIR TRIAL AND RIGHT TO EQUAL PROTECTION)
Arguments of the Commission
74.
In relation to Articles 9, 7, 8 and 24 of the American Convention, the InterAmerican Commission indicated that:
a)
The alleged victim’s professional activity as a physician was a
determining factor in establishing her criminal liability;
b)
During the trial, there was no clarity or certainty about the criminal
dimension of a professional activity such as medicine, added to the fact that,
in this case, the evidence of responsibility is not transparent;
c)
This situation violates and disregards Article 9 of the American
Convention, because the State penalized a lawful act, a medical activity
95
Cf. power of attorney granted by María Teresa De la Cruz Flores to Carolina Loayza Tamayo and
Javier Ríos Castillo on April 6, 2003 (file of appendixes to the application, appendix 35, folio 360),
proposal regarding the professional honoraria of Physician María Teresa De la Cruz Flores prepared by the
lawyer, Jorge A. Olivera Vanini on November 24, 2003, addressed to physician Patricio Wagner, Dean of
the Physicians’ Professional Association (file of appendixes to the final written arguments, appendix 8 to
the final written arguments presented by the alleged victim’s representatives, folios 112 to 1127); table
entitled “Profesionales que participaron en la defensa de María Teresa De la Cruz Flores en las instancias
nacionales e internacionales” (file of appendixes to the brief with requests and arguments, appendix 30,
folio 622) and other documents of appendix 30; sworn written statement made by Abdón Segundo Salazar
Morán of June 3, 2004, before notary public (file of appendixes to the brief answering the application and
affidavits, folios 822 to 827); and testimony of Álvaro Eduardo Vidal Rivadeneyra before the InterAmerican Court on July 2, 2004.
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