17
suffered premature menopause and many physical ailments.
The vast
majority of the medications that she needed was supplied by her family; only
a few were supplied by the prison facility. Her family also supplied her with
food, supplies for personal hygiene, clothing and material with which to sew.
She was given no type of rehabilitation while in prison; quite the contrary, for
the first three years, she was in cellblock “A” where she was allowed to
participate in one workshop and take two hours of sun each day. Thereafter,
once her case was brought to the Inter-American Court, she was transferred
to cellblock “C” as punishment. There the system was one of absolute
confinement.
She was released on October 17, 1997, thanks to the
Judgment delivered the Court. By that time she had come to believe that she
would never be released, as she was subjected to constant harassment for
being a professional, for refusing to have sexual relations with the guards,
and for maintaining good conduct. Once she was out of prison, she was
unable to be reinstated in her former positions. She is not working and is
receiving psychological and psychiatric treatment in Santiago, Chile, paid by
“FASIC”. She feels very estranged from her children, who by now have
grown up. The communication between them is no longer the same. She
lost the opportunity to be with them during the most important phase of their
growth and development. She had never seen her granddaughter until she
was released from prison. While she was incarcerated, her family paid for her
children’s educational expenses and necessities. The expenses of the Court
proceedings in Peru and with the Inter-American Commission were paid by
her sister Carolina Loayza, who, with Ariel Dulitzky, is her attorney.
72.
Because Ms. Loayza-Tamayo is the victim in the instant Case and has an
immediate interest in it, her testimony cannot be weighed separately; instead, it
must be weighed with the full body of evidence in this case. However, it is important
to recall that the facts in the instant Case were already established during the merits
phase. At this stage of the proceedings, the Court will determine the nature and
amount of the “fair compensation” and the expenses that the State will be required
to reimburse to the victim and her next of kin, pursuant to operative paragraph 6 of
the Court’s judgment.
73.
In this sense, the victim’s testimony has unique import, as she is the one who
can provide the most information concerning the consequences of the wrongful acts
of which she was the victim. That being the case, the testimony in question will be
added to the body of evidence in the instant case, and will be later weighed.
EXPERT EVIDENCE
74.
As evidence to help it arrive at a more informed judgment, on August 29,
1998, the Court requested that the Colegio Médico de Chile issue a report on the
victim’s physical and psychiatric condition and that the Colegio Médico del Perú issue
one on her children’s psychiatric condition.
75.
On October 7, 1998, the Court received the forensic medical expert’s report
on the victim’s health, prepared by Dr. Roberto von Bennewitz on instructions from
the "Colegio Médico de Chile". Dr. von Bennewitz wrote down his observations of the
victim’s physical and psychiatric injuries and included a section on the correlation
between the injuries present and the specific means of torture to which the victim
would have been subjected and her “prognosis from the injury”.
The Court
transcribes below the pertinent part of the expert’s findings: