Human Rights, Articles 25(1) and 30 of the Statute, and Articles 31(2) and 69 of its Rules of
Procedure,
DECLARES THAT:
1.
Pursuant to that noted in the pertinent Considering clauses of the present Order, the
State has fully complied with the following operative paragraphs of the Judgment:
a)
reinstate Mrs. Loayza Tamayo in the teaching service in educational institution
2057 “José Gabriel Condorcanqui” (Operative paragraph one of the Judgment and
Considering clause 12);
b)
adopt all the domestic legal measures necessary to ensure that no adverse
decision delivered in proceedings against Mrs. Loayza Tamayo in the civil courts has
any legal effect whatsoever. (Operative paragraph three of the Judgment and
Considering clause 23), and
c)
adopt the domestic legal measures necessary for Decree Laws 25.475 (crime
of terrorism) and 25.659 (crime of treason) to conform to the American Convention
on Human Rights (Operative paragraph five of the Judgment and Considering clause
34).
2.
Pursuant to that noted in the pertinent Considering clauses of this Order, the
following operative paragraphs have not yet been fully complied with:
a)
reinstate Mrs. Loayza Tamayo in the teaching sector of a public university;
provide information on the work conditions under which Mrs. Loazya Tamayo was
reinstated at the National School of Dramatic Arts and the circumstances under
which she stopped working there, and to pay the amount for her salaries and other
services lent to the public and private sectors due to lost income since her detention
until her reinstatement at the three mentioned educational facilities (Operative
paragraph one of the Judgment and Considering clause 12);
b)
guarantee the full enjoyment of her retirement benefits, to include the time
spent in detention (Operative paragraph two of the Judgment and Considering clause
19);
c)
investigate the facts of the case, identify, and punish those responsible for
those acts, and adopt all necessary domestic legal measures to ensure that this
obligation is discharged (Operative paragraph six of the Judgment and Considering
clause 40, 41, and 42)
AND DECIDES TO:
1.
Require the State of Peru to adopt all the measures necessary to effectively and
promptly comply with the pending operative paragraphs in accordance with that established
in Article 68(1) of the American Convention on Human Rights.
2.
Request the State to present to the Inter-American Court of Human Rights, on
December 5, 2011, a detailed and current report wherein it indicates all the measures
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