2
3.
To submit this Order for the Court's consideration and pertinent effects during
its next session.
That Order of the President was based on the following considerations:
5.
That in the instant case, which has been submitted for the consideration of the
Tribunal, the Inter-American Commission asks the Court to request Perú, as provisional
measures, "to bring to an end the solitary confinement and incommunicado detention
imposed on María Elena Loayza-Tamayo on April 9, 1996 and return her to Pavilion 'A' ...
."
6.
That the Government has maintained that on the basis of Decree Law 25745,
María Elena Loayza-Tamayo, sentenced to 20 years' imprisonment "for the crime of
terrorism against the State", must complete her sentence "at a maximum security prison
in continuous solitary confinement during the first year of her detention, to be followed
by compulsory labor for the remainder of her term until she is released."
7.
That by the terms of Article 24(4) of the Rules of Procedure, the President is
entitled to order urgent measures only; it is therefore for the Court at its next session to
decide on the appropriateness of the provisional measures sought by the Commission,
since it is proper that the government concerned be heard before such measures can be
granted.
6.
The above-mentioned report from the Government received on June 24,
1996, stating that "at no time have the conditions of [María Elena Loayza-Tamayo's]
imprisonment deteriorated", since her living conditions are the same as those of
other prisoners.
7.
The Commission's comments of July 1, 1996 on the aforementioned written
communication from the Government, declaring that Ms. Loayza-Tamayo "has been
subjected to a regime of incommunicado detention and deprived of daylight in a tiny
cell ... for twenty-three and a half hours a day", conditions that "in themselves
constitute cruel and inhumane treatment."
CONSIDERING:
1.
That Perú has been a State Party to the American Convention since July 28,
1978 and that it accepted the compulsory jurisdiction of the Court on January 21,
1981.
2.
That Article 63(2) of the Convention provides that the Court shall take the
provisional measures it deems pertinent in matters it has under consideration in
cases "of extreme gravity and urgency, and when necessary to avoid irreparable
damage to persons."
3.
that:
That in this regard, Article 24(1) of the Rules of Procedure in force provides
[a]t any stage of the proceedings involving cases of extreme gravity and urgency and
when necessary to avoid irreparable damage to persons, the Court may, at the request
of a party or on its own motion, order whatever provisional measures it deems
appropriate, pursuant to Article 63(2) of the Convention.
4.
That in the instant case, which has been submitted for the consideration of
the Tribunal, the Inter-American Commission asks the Court to request Perú, as
provisional measures, to "revoke the solitary confinement and incommunicado