ORDER OF THE PRESIDENT OF
THE INTER-AMERICAN COURT OF HUMAN RIGHTS
OF DECEMBER 13, 2000
LOAYZA-TAMAYO CASE
HAVING SEEN:
1.
The brief of November 30, 2000 and its annexes, received on December 5,
2000 at the General Secretariat of the Inter-American Court of Human Rights
(hereinafter “the Court” or “the Inter-American Court”), where Ms. Michelangela
Scalabrino, filed at the Court, on behalf of Ms. María Elena Loayza-Tamayo
(hereinafter “Ms. Loayza-Tamayo”), in keeping with Article 63(2) of the American
Convention on Human Rights (hereinafter “the Convention” or “the American
Convention”) and Article 25 of the Rules of Procedure of the Court (hereinafter “the
Rules”), a request for provisional measures related to the Loayza-Tamayo Case with
regards to Perú (hereinafter “Perú” or “the State”).
In said document, Ms.
Scalabrino requested the Court
[to] urgently adopt every provisional measure for the teacher María Elena LoayzaTamayo, to recover the sum of money decided by the Court as a fair indemnification,
together with fair interests in arrears, and all other material and moral damages related
to the violations resulting from the failure of Peru to comply with the decision on
indemnifications, that will allow her to leave the condition of misery she is now living in,
to cease being a cuasi beggar and to begin enjoying a ‘dignified life’; [for her] to be able
to develop a new (though limited) life project, beginning a new professional formation
abroad that would be within her reach, while her situation of insecurity in Peru persists;
[for her] to be able to take adequate care of her health; [and for her] to support directly
and personally the needs of her children, after suffering the humiliation of having them
under the care of the grandparents and aunts.
Ms. Scalabrino stated, moreover, that the provisional measures could
include, if necessary: accounts and/or sums of money that the Peruvian State has
abroad or is about to receive from abroad (by other State Parties or Non-Parties to the
Convention, as well as by International Organizations) [and that same] be made
available for the victim until reaching the sum that Court would declare that the victim is
entitled to; [additionally] that, in this case, the Honorable Court [...] decide that the
victim and/or her attorneys will receive all the assistance and aid necessary to recover
said amount wherever it is; [and] that the expenses and attorney’s fees ad hoc that may
result from the necessary actions be included in said sum.
Ms. Scalabrino based her request for provisional measures on the following
considerations:
a)
the Court keeps the competence to decide on this request, since the
case is in execution of the Judgement of Indemnification, as a procedural
phase, and also because the victim has the legitimacy to act before the Court
for these purposes;
b)
the State still has not complied with the order of the Court to comply
promptly with the Judgement of Indemnification of November 27, 1998 issued