2
6.
The Order on compliance with judgment rendered by the Court on November
27, 2003, the sixth, seventh and eighth considering clauses of which stated that:
6.
[…] in the course of monitoring compliance with the judgment on reparations in
this case, the Court […] verified that the State paid the compensation ordered in favor of
the victim and her next of kin and the fees and expenses, in accordance with the fourth
and seventh operative paragraphs of the judgment on reparations […].
7.
[…] María Elena Loayza Tamayo ha[d] been reinstated in educational center No.
2057 and in the College of Dramatic Art of the Ministry of Education […].
8.
[…] the Court consider[ed] it essential that the State [w]ould provide
information to the Court on progress in compliance with the judgment on reparations, in
particular, as regards:
a)
The reinstatement of Mrs. Loayza Tamayo in the teaching sector in
public institutions and the measures taken to ensure that the amount of her
salary and other benefits [would be] equivalent to the remuneration she was
receiving for these activities in the public and private sector at the time of her
detention (first operative paragraph of the judgment on reparations of
November 27, 1998);
b)
Payment of the salary and work-related benefits to which María Elena
Loayza Tamayo is entitled for uninterrupted employment and the guarantee of
full enjoyment of her retirement benefits (first and second operative paragraph
of the judgment on reparations of November 27, 1998);
c)
The adoption of measures of domestic law to ensure that no adverse
decision delivered in the proceedings against Mrs. Loayza Tamayo in the
domestic courts [would] ha[ve] any legal effect whatsoever (third operative
paragraph of the judgment on reparations of November 27, 1998); and
d)
The investigation of the facts of the case, and the identification and
punishment of those responsible (sixth operative paragraph of the judgment of
November 27, 1998).
In that regard, the Court decided as follows:
1.
To urge the State to adopt all necessary measures to comply effectively and
promptly with the judgment on reparations of November 27, 1998, delivered by the
Inter-American Court of Human Rights in the Loayza Tamayo case, as established in
Article 68(1) of the American Convention on Human Rights.
7.
The Order of the Inter-American Court of March 3, 2005, whereby it declared:
1.
That, pursuant to Considering clause No. 8 of this Order, the State has fully
complied with the sixth operative paragraph of the Judgment on the merits delivered by
the Court on September 17, 1997, and the fourth and seventh operative paragraphs of
the Judgment on reparations delivered by the Court on November 27, 1998, as to
payment to the victim and the victim’s next of kin of fair compensation and any fees and
expenses they may have incurred in the instant case.
2.
That it [would] keep open the proceeding for monitoring compliance with the
aspects pending fulfillment in the instant case […]
Furthermore, the Court decided:
1.
To call upon the State to adopt all necessary measures to comply effective[ly]
and promptly with the pending measures ordered by the Court in the Judgment on
reparations, as well as the Order of November 27, 2003 and this Order, pursuant to
Article 68(1) of the American Convention on Human Rights.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos