ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
AUGUST 28, 2001
PROVISIONAL MEASURES
LOAYZA TAMAYO CASE
HAVING SEEN:
1.
The December 13, 2000 Order of the President of the Inter-American Court of
Human Rights (hereinafter “the President”) wherein he resolved:
1.
To require the State the State to adopt, forthwith, the necessary measures to
effectively guarantee Ms. María Elena Loayza-Tamayo’s safe return to her country, as
well as her physical, psychological and emotional integrity, so that the provisional
measures that the Inter-American Court of Human Rights may order in her case have
relevant effects.
2.
To require the State and the Inter-American Commission on Human Rights to
report in detail, by January 12, 2001, on the situation of Ms. María Elena LoayzaTamayo, so that the Inter-American Court of Human Rights might make a timely
decision.
3.
To require the State to submit to the Court, by January 12, 2001, a report on
the measures taken pursuant to operative paragraph 1 of this Order, so that the Court
might take up the report at its next regular session, and to continue to file reports on
those measures every six weeks.
4.
To require the Inter.-American Commission on Human Rights to submit its
observations on the reports filed by the State within thirty days of their notification.
2.
The February 3, 2001 Order of the Inter-American Court of Human Rights
(hereinafter “the Court”) wherein it resolved:
1.
To ratify all the terms of the order of the President of the Inter-American Court
of Human Rights of December 13, 2000.
2.
To order the State of Peru to maintain any measures necessary to effectively
ensure the return to the country of María Elena Loayza Tamayo and her physical safety,
mental health and moral integrity.
3.
To order the State of Peru to inform the Inter-American Court of Human Rights
every two months from the notification of this order about the provisional measures that
it has adopted in order to comply with it.
4.
To order the Inter-American Commission on Human Rights to submit its
comments on the reports of the Peruvian State to the Inter-American Court of Human
Rights within six weeks of receiving them.
3.
The April 6, 2001 report presented by the State of Peru (hereinafter “the
State”) which states the following in paragraph 11:
[…] under Article 63(2) of the American Convention on Human Rights, provisional
measures are to be adopted only in cases of extreme gravity and urgency. These
measures are called for only when the premise of extreme gravity and urgency obtains,
which is not so in this case.