4
reinstated in two of these institutions, the Centro Educativo 2057 and the Escuela
Nacional de Arte Dramático. She added, however, that she had not been reinstated
in the Escuela Nacional de Arte Dramático under the same employment conditions
she had enjoyed at the time she was apprehended, but through a contract for nonpersonal services with no eligibility for labor benefits, so that the State could
terminate her whenever it so desired […]; even though she worked under the same
conditions and with the same schedule as other faculty members at the national
drama school, her salary had been cut by 50 percent. Finally, Mrs. Loayza Tamayo
explained that, regarding reinstatement to her faculty position at the San Martín de
Porres University, she "[had] received no reply as to the outcome of that procedure,
and in fact, certain employees of the Ministry of Justice [had told her that] the State
[could] not intervene in any private university." María Elena Loayza Tamayo
reiterated the obligation of the State to "bring about [her] reinstatement to the
Centro Universitario […] or any other public system, if necessary, with all due salary,
benefits and pensions." Finally, Mrs. Loayza Tamayo explained that "...when I was a
university teacher, I earned an average of US$500 in 1993, but today a professor
hired with a 20-hour teaching load at San Martín de Porres University earns
US$1200." Because she was hesitant to thwart any possibility of reinstatement to
San Martín de Porres University after so much time had passed, Mrs. Loayza Tamayo
informed the Court that she had "made no attempt to collect [her] benefits for years
of service, that is, for the years [she] had worked at the university, from 1982
through February 6, 1993, the day [she] was seized."
8.
That the Commission pointed out that "the judgment of the Court stated that
remuneration must be calculated at present value." The Commission emphasized
that "this measure of redress calls for present value, and that is what needs to be
evaluated."
9.
That the State added that "in this specific case, with the mediation of the
Court, [it wanted] to work out a fair solution with a clear interpretation of what [it
needed] to do and what [it would] do in this sense."
10.
That the Memorandum of the Meeting (supra Having seen no. 12), states that
the parties agreed "to hold a meeting in the city of Lima, Peru, within two months of
this date [February 1, 2008], in which the agent of the State will inform Mrs. Loayza
Tamayo of measures taken to comply with the matters discussed in [Operative
points 1 and 2 of the judgment on reparations]." Moreover, the State undertook to
"report […] on measures taken to incorporate [María Elena Loayza Tamayo] into the
teaching service of a public institution in accordance with the provisions of the
judgment on reparations and the orders of the Inter-American Court."
*
*
*
11.
That regarding the duty to ensure the victim's full retirement benefits, the
State reported in the private hearing that "bearing in mind that Mrs. Loayza would be
receiving an unemployment pension from the Ministry of Health under the system of
Decree-Law 20,530, her right to a pension would be guaranteed." The State added
that "Mrs. Loayza may also receive a pension under the system of Decree-Law
19,990 […] in her capacity as a teacher, so long [as] the national pension system
authenticates her eligibility and that the period of employment [does] not include