3
5.
The communication of the victim’s representative of June 16, 1999, in which
he advised that on June 14 that year, the Supreme Court of Justice of Peru had
issued a decision declaring “without effect” its decision of April 15, 1999, and
ordering that “the rulings in the judgment of the Inter-American Court [...] be
forwarded to the court specializing in the crime of terrorism so that it could proceed
in accordance with the law” and, consequently, declaring that the said judgment
“was non-enforceable” and “ordering” that the judgment on reparations delivered by
the Inter-American Court should be returned to the Court [...] by the diplomatic
channel; he therefore requested the Court to take the necessary measures to ensure
compliance with judgment.
6.
The report of the State of June 25, 1999, in which it advised the Court of the
judgment of the Second Transitory Criminal Chamber of the Supreme Court of Peru
of June 14, 1999, that “decided to declare that the judgment on reparations [of the
Inter-American Court] was non-enforceable. The State also forwarded the original
text of the Court’s judgment of November 27, 1998.
7.
The comments of the Inter-American Commission on Human Rights
(hereinafter “the Commission” or “the Inter-American Commission”) of July 26,
1999, on the first report of the State, in which it endorsed the representative’s
request that measures should be adopted to ensure compliance with the judgment
on reparations. The Commission also considered that the State’s declaration of the
its intention not to comply with the reparations that had been ordered was “a
flagrant disregard of the judgment of an international court […].” Therefore, it
requested the Court to “demand the full, prompt and unconditional execution of the
operative paragraphs of the judgment […]” and that “[w]ithout prejudice to the
provisions of Article 65 of the American Convention and Article 30 of the Statute of
the Court, it [should] proceed forthwith to inform the Secretary General of the
Organization of American States and the States Parties to the American Convention
of this matter”.
8.
The brief of the victim’s representatives of July 29, 1999, in which they stated
that the “decision [of the Peruvian State] not to comply with a judgment [of the
Inter-American Court] constitute[d] blatant defiance of the international
community’s commitments to respect human rights.” Among other matters, they
requested [the Court] to declare “total non-compliance by the Peruvian
Government”; to reiterate to the State that it had the obligation to comply with the
judgment; to “order Peru [...] to free María Elena Loayza”; and that “mechanisms
[be established] that enable the judgment to be executed […]”; that “the States of
the region, who are the collective guarantors of the system, be informed of the
status of compliance with the judgment,” and that the General Assembly consider
suspending Peru from the OAS,
9.
The communication of María Elena Loayza of September 23, 1999, in which
she addressed the Court in order to “request that pertinent measures [be taken] to
cease the harassment, threats and slander campaigns against [her] physical and
mental integrity [and that] adequate mechanisms [be sought] to ensure that the
State of Peru execute[d] the order issued by [the] Court.”
10.
The order on compliance in this case issued by the Inter-American Court on
November 17, 1999, in which the Court decided:
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents