ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
SEPTEMBER 13, 1996
PROVISIONAL MEASURES IN THE MATTER OF PERU
LOAYZA TAMAYO CASE
HAVING SEEN:
1.
The Order delivered by the President of the Inter-American Court of Human Rights
(hereinafter “the Court” or “the Inter-American Court”) on June 12, 1996, in which he
decided:
1.
To request that the Government of the Republic of Peru adopt forthwith such measures as are
necessary to effectively ensure the physical, psychological and moral integrity of Ms. María Elena
Loayza-Tamayo, so that any provisional measures that the Inter-American Court may take can have
the requisite effect.
2.
To request that the Government of the Republic of Peru submit to the President of the Court,
not later than June 25, 1996, a report on the measures taken so that they may be brought to the
attention of the Court at its next session scheduled for June 26 to July 3, 1996.
3.
2.
To submit this Order for the Court's consideration and pertinent effects during its next session.
The Order of the Court of July 2, 1996, in which it decided:
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.
3.
To call upon the Government of Peru to continue to report every two months on the provisional
measures taken.
4.
To call upon the Inter-American Commission on Human Rights to submit to the Court its
comments on that information not later than one month from the date of its receipt.
3.
The brief presented by the Inter-American Commission on Human Rights (hereinafter
“the Inter-American Commission” or “the Commission”) on September 12, 1996 and its
attachments, in which it informed the Court that Ms. María Elena Loayza-Tamayo's health
had deteriorated because:
she is subjected to a regime of inhuman and degrading treatment caused by incommunicado
detention and by being enclosed for 23 1/2 hours a day in a damp, cold cell measuring approximately
2 meters by 3 meters, without direct ventilation, containing cement bunks, a latrine and a handbasin... The cell has no direct lighting and is only dimly and indirectly lit from the fluorescent tubes