ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF NOVEMBER 11, 1997
PROVISIONAL MEASURES ADOPTED BY THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
IN THE MATTER OF THE REPUBLIC OF PERU
LOAYZA TAMAYO CASE
HAVING SEEN:
1.
The May 30, 1996 brief presented by the Inter-American Commission on
Human Rights (hereinafter “the Commission”), in which it submitted to the InterAmerican Court of Human Rights (hereinafter “the Court”), in accordance with
Articles 63(2) of the American Convention on Human Rights (hereinafter “the
Convention”) and 24(1) of the rules of Procedure of the Court, at that time in force,
a request for provisional measures in the Loayza Tamayo Case pending before the
Court. In this brief, the Commission requested the Court to order the State of Peru
(hereinafter “Peru”) to “remove the solitary imposed on María Elena Loayza Tamayo
on April 9, 1996, and to return her to Pavilion ‘A’ of the Maximum Security Women’s
Penitentiary of Chorrillos, to the same conditions she had prior to her transfer.”
2.
The Order of the President of the Court of June 12, 1996, in which it:
Request[ed] that the Government of the Republic of Peru adopt forthwith such measures
as [were] necessary to effectively ensure the physical, psychological and moral integrity
of Ms. María Elena Loayza-Tamayo, so that any provisional measures that the InterAmerican Court may take [could] have the requisite effect.
3.
The Order of the Court of July 2, 1996, in which it ordered:
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 Peru 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.
…
4.
The observations presented by the Commission on September 12, 1996 which
reiterated its request to the Court to require Peru to remove the solitary confinement
imposed on Ms. María Elena Loayza Tamayo since her health has deteriorated as a
result of the fact that she
was submitted to a degrading and inhuman regime of living, caused by her being in
solitary confinement and by being locked up during 23 and a half hours a day in a humid
and cold cell measuring approximately 2 meters by 3 meters with not direct ventilation,
where the beds are made of cement, a latrine and a sink….The cell did not have direct
light; the only light came in dimly and indirectly by fluorescent bulbs from the hallways.