7
her employment in two public universities in the country, as part of the commitment
made, taking into account the academic load that she had in a private university
before her detention [...] and, above all, the effective annulment of the criminal
sentence to 20 years’ imprisonment to which she had been condemned.
26.
The brief of the State of March 12, 2003, in which it advised that “Mrs.
Loayza should consider that her safe return to the country is guaranteed, because
the State has been complying with the judgment on reparations”; it [had] paid the
sum of US$99,190.30 (ninety-nine thousand one hundred and ninety United States
dollars and thirty cents) for the concept of pecuniary reparations; it was coordinating
her reinstatement in the teaching sector of the Ministry of Education; the Office of
the Lima First Provincial Criminal Prosecutor “[...] formulated a criminal complaint
against [the possible authors of the rape and grave injuries] of the victim”; it had
paid US$20,000.00 (twenty thousand United States dollars) for fees and expenses to
the lawyer, Carolina Loayza Tamayo, and the Constitutional Court had delivered
judgment declaring that several norms of Decree Laws Nos. 25,475 (Terrorism) and
25,659 (Treason) were unconstitutional.
27.
The communication of the victim of March 14, 2003, in which she provided
information on her employment situation and, in particular, stated that on March 3,
2003, she was only able to recover her position in the Colegio Nacional de Lima.
28.
The brief of the State of May 9, 2003, in which it reiterated the contents of its
last report of February 27, 2003, received by the Secretariat on March 12, 2003
(supra twenty-sixth having seen paragraph).
29.
The brief of the victim’s representative of May 22, 2003, advising that the
prosecutor of the Office of the Lima Criminal Provincial Prosecutor had formulated a
criminal complaint against the possible authors of the offense of rape and the offense
against the life, body and health of María Elena Loayza Tamayo. With regard to the
annulment of the judgment sentencing her to 20 years’ imprisonment, he advised
that this had not been carried out and that, to the contrary, there was a possibility
that the victim could be subjected to a new trial for the same facts, which would
violate the “ne bis in idem” principle. Lastly, he advised that the State had “only
reinstated Loayza Tamayo in her position as a teacher in College 2,057, with 15
hours of employment a week as of April 2003 […]” and with a salary that was
insufficient to be able to live decently, take care of her children and herself, and pay
a lawyer to assist her in essential matters.
30.
The comments of the Inter-American Commission of July 25, 2003, stating
that “[i]t recognized the efforts made by the State to achieve the reinstatement of
Mrs. Loayza Tamayo in the teaching sector. However, the characteristics of this
reinstatement, as regards the type of institution in which she had been reinstated,
the amount of her salary and the social benefits, did not correspond to what was
ordered in the judgment.” The Commission also indicated that “by not complying
fully with the provisions of the first operative paragraph of the judgment, compliance
with the second operative paragraph, which establishes the obligation of the [...]
State to ensure the right to retirement of Mrs. Loayza Tamayo could also be affected.
As regards the obligation to adopt all measures of domestic law to ensure that no
adverse decision delivered in proceedings against María Elena Loayza Tamayo in the
civil courts had any legal effect, the Commission stated that there was still a need for
another complementary measure (in addition to the annulment of the decrees), that
had the effect of annulling any adverse decision that had been issued in the
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