3
detention imposed on María Elena Loayza-Tamayo on April 9, 1996 and return her to
Pavilion 'A' ... ."
5.
That the Government maintained in its response that pursuant to Decree Law
25475, 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." The Government further declares that "[t]he Honorable Commission's
allegations ... that the conditions in which María Elena Loayza-Tamayo is being
detained have deteriorated are false."
6.
That the Government also points out in its report of June 24, 1996 that María
Elena Loayza-Tamayo
is regularly visited by her next of kin and attorneys as stipulated in the legislation in
force in Perú, and that claims that she is being held in a different (smaller) cell from
those inhabited by other prisoners are false ... [and] that there is no danger to her
physical, psychological or moral integrity ...
7.
That the Court has examined the circumstances and facts that informed the
Order of the President of the Court of June 12, 1996, and finds it to be consistent
with the law and with the merits of the proceedings.
8.
That the Commission's declaration, contained in its May 30, 1996 petition for
provisional measures, to the effect that María Elena Loayza-Tamayo has been
"confined in a tiny cell for twenty-three and a half (23.5) hours a day for one year"
has not been refuted by the Government.
9.
That from the reports submitted by the parties, the Court finds it difficult to
determine the precise circumstances of the prison regime applied to María Elena
Loayza-Tamayo. It therefore considers it is necessary to uphold the measures taken
by the President, the purpose of which is to preserve her physical, psychological and
moral integrity.
NOW, THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
pursuant to Article 63(2) of the American Convention of Human Rights and in
exercise of the authority conferred on it by Articles 24 and 45 of the Rules of
Procedure,
DECIDES:
1.
To ratify the Order of the President of the Inter-American Court of June 12,
1996.
2.
To call once more upon the Government of the Republic of Perú to take, on
behalf of Ms. María Elena Loayza-Tamayo, all provisional measures necessary for the
effective safeguard of her physical, psychological and moral integrity.