9
salary and other benefits is to be equal to the remuneration she was
receiving for these activities in the public and private sector at the time
of her detention (Operative point 1 of the judgment on reparations,
November 27, 1988);
b) The guaranteeing of her full retirement benefits, including those owed
for the period transpired since the time of her detention (Operative point
2 of the judgment on reparations, November 27, 1998);
c) The adoption of all domestic legal measures necessary to ensure that
no adverse decision delivered in proceedings against Loayza-Tamayo in
the civil courts has any effect whatsoever (Operative point 3 of the
judgment on reparations, November 27, 1998);
d) The adoption of the internal legal measures necessary to adapt
Decree-Laws 25,475 (Crime of Terrorism) and 25,659 (Crime of
Treason) to conform to the American Convention (Operative point 5 of
the judgment on reparations, November 27, 1998), and
e) The investigation of the facts of the instant case, identifying and
punishing those responsible for those acts, and the adoption of all
necessary domestic legal measures to ensure that this obligation is
discharged (Operative point 6 of the judgment on reparations,
November 27, 1998).
AND DECIDES:
1.
To order the State of Peru to adopt all measures necessary for effective,
prompt compliance with the operative points of the judgment on reparations handed
down in the instant case, in accordance with the obligation given in Article 68(1) of
the American Convention on Human Rights, which is binding on all branches and
institutions of State as a whole.
2.
To urge the State of Peru to hold the meeting scheduled in the memorandum
signed by the State, the victim and her representative and to honor the other
commitments acquired in the meeting that took place between the parties upon
completion of the private hearing held in the instant case, in keeping with
Considering clauses 10, 14, 17, 21, 25 and 28 of this order.
3.
To ask the State of Peru to submit, by April 28, 2008 at the latest, a detailed
report describing all measures taken to comply with still-pending reparations ordered
by this Court. In particular, the State should inform the Court concerning the
outcome of the meeting and, if possible, submit a plan of action for complying with
any outstanding items from the judgment on reparations in the instant case.
4.
To require the victim or her representative, within four weeks of being
notified of the State's report, to advise the Inter-American Court of Human Rights of
any observations they deem pertinent.