C)
Regarding the obligation to adopt all 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)
20.
The State indicated that “to date, the [victim] has no records.” For this, the State
forwarded a copy of the resolution issued on May 28, 1999, by the Special National Criminal
Corporate Chamber for Cases of Terrorism (Exp. 634-93), which declared as unenforceable
the judgment ordered by the Special Chamber of the Superior Court of Justice of Lima on
October 10, 1994, which charged the victim to 20 years imprisonment for the crime of
terrorism, as well as a copy of official letters requesting the annulment of criminal, judicial,
and police records” of Mrs. Loayza Tamayo.7
21.
Mrs. Loayza Tamayo did not present observations on this point.
22.
The Inter-American Commission “value[d] that the State had adopted measures [it
had reported on]. Nevertheless, […] it awaits the observations of the victim regarding
compliance with this measure of reparation.”
23.
In this regard, the Court finds that the Superior National Criminal Corporate
Chamber for cases of Terrorism ordered the annulment of police, judicial, and criminal
records that derived from Mrs. Loayza Tamayo’s case and, moreover, that within certain
state agencies surveyed by the State, there is no indication of her judicial, criminal, nor
police record. 8 Therefore, taking into account that the victim has not expressed an opinion
contrary to that reported by the State regarding compliance with this point of the Judgment,
the Court finds that the State has fully complied with this measure of reparation.
D)
Regarding the obligation to adopt the domestic legal measures necessary
for Decree Laws No. 25.475 (Crime of Terrorism) and No. 25.659 (Crime of
Treason) to conform to the American Convention on Human Rights.
7
Official letter addressed to the Chief of the Office of Revenue and Expenditure of Lima and Callao asking
for "the annulment of the judicial record" of Mrs. Loayza Tamayo (case file of Monitoring of Compliance with
Judgment, tome VIII, folio 2507); official letter addressed to the Director of the Central Register of Convictions for
available "the annulment of criminal records" of the victim (case file of Monitoring of Compliance with Judgment
tome VIII, folio 2509), and official letter addressed to the Chief of Police of the Identification Division to provide for
the "annulment of the criminal records" of Mrs. Loayza Tamayo. (case file of Monitoring of Compliance with
Judgment, tome VIII, folio 2511). Moreover, there is also the resolution issued by the Criminal Chamber (See No.
69-98) which annulled the order issued by the Second Criminal Chamber of the Supreme Court of June 14, 1999,
which declared the judgment of the Inter-American Court unenforceable in this case. (case file of Monitoring of
Compliance with Judgment, tome VIII, folios 2513 to 2516).
8
Official Letter No. 591-07-DIRCRI-DIVIDCRI-DEPANANT of the Department of Annulment of Police Records
of the Criminal Investigations Division of the National Police of Peru on July 6, 2007 (case file of Monitoring of
Compliance with Judgment, tome VI, folio 2171.31); Official Letter No. 1767-2007/INPE/16-07-D of the Office of
Prison Records –Regional Office of Lima of the National Prison Institute on July 10, 2007 (case file of Monitoring of
Compliance with Judgment, tome VI, folio 2171.32), and Official letter No. 1270-2007-RNC-GSJR-GG/PJ of the
National Conventions Register of the Judiciary Branch on July 5, 2007. (case file of Monitoring of Compliance with
Judgment, tome VI, folio 2171.33).
8