ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS∗
OF NOVEMBER 27, 2003
LOAYZA TAMAYO CASE
COMPLIANCE WITH JUDGMENT
HAVING SEEN:
1.
The judgment on merits delivered in Loayza Tamayo v. Peru by the InterAmerican Court of Human Rights (hereinafter “the Court” or “the Inter-American
Court”) on September 17, 1997, in which it decided in the fifth and sixth operative
paragraphs:
[…]
5.
To order the State of Peru to release María Elena Loayza Tamayo within a
reasonable time, on the terms set forth in paragraph 84 of this judgment.
[…]
6.
That the State of Peru is obliged to pay fair compensation to the victim and her
next of kin and to reimburse them for any expenses they may have incurred in their
representations before the Peruvian authorities in connection with this process, for which
purpose the corresponding proceeding remains open.
[…]

2.
The judgment on reparations delivered by the Court in this case on November
27, 1998, in which it decided the following:
AS RESTITUTION MEASURES
[…]
1.
That the State of Peru shall take all measures necessary to reinstate María
Elena Loayza Tamayo in the teaching service in public institutions, on the understanding
that the amount of her salaries and other benefits shall be equal to the pay she was
receiving for her teaching services in the public and private sectors at the time of her
detention, appreciated to reflect its value as of the date of this judgment.
[…]
2.
That the State of Peru shall guarantee to María Elena Loayza Tamayo her full
retirement benefits, including those owed for the period transpired since the time of her
detention.
[…]
3.
That the State of Peru shall take all domestic legal measures necessary to
ensure that no adverse decision delivered in proceedings against María Elena Loayza
Tamayo in the civil courts has any legal effect whatever.
AS COMPENSATORY DAMAGES,
[…]
∗
Judge Hernán Salgado Pesantes advised the Court that, owing to circumstances beyond his
control, he would not be able to take part in the deliberation and signature of this Order.

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