5 15. On May 6, 1993, the complaint concerning the detention of María Elena LoayzaTamayo was received by the Inter-American Commission, which forwarded it to the Government six days later. On August 23, 1993, the Commission received the Government's reply together with the documentation on the case and the information that the Prosecutor's Office had instituted proceedings against María Elena Loayza-Tamayo in the special military court system under Decree Law No. 25.659. 16. On July 13, 1994, in response to a request from the Commission on November 17, 1993, the Government declared the existence of “file No. 41-93 before the Fortieth Criminal Court of Lima against [María Elena Loayza-Tamayo] for the crime of terrorism, and [that] the file had been sent to the President of the Superior Court of Lima ... for the oral proceedings to be initiated.” 17. On September 16, 1994, the parties attended a hearing held at the seat of the Commission. 18. On September 26, 1994, the Commission approved Report 20/94, in the resolutory part of which it was decided: 1. To declare that the Peruvian State is responsible for the violation, against María Elena Loayza, of the rights to personal liberty, humane treatment and judicial protection enshrined in Articles 7, 5 and 25 respectively of the American Convention on Human Rights. 2. To recommend to the Peruvian State that, in consideration of the analysis of the events and of the right invoked by the Commission, it immediately release María Elena LoayzaTamayo once it receives notification of this Report. 3. To recommend to the Peruvian State that it pay compensation to the plaintiff in the instant case, for the damage caused as a result of her unlawful deprivation of liberty from February 6, 1993 until such time as it orders her release. 4. To inform the Government of Peru that it is not at liberty to publish this Report. 5. To request that the Government of Peru inform the Inter-American Commission on Human Rights, within thirty days, of any measures it has taken in the instant case, in accordance with the recommendations contained in paragraphs 2 and 3 above. 19. On October 13, 1994, Report 20/94 was transmitted to Peru by the Commission. In response, the Government deemed that it could accept neither the analysis nor the conclusions and recommendations and attached a brief prepared by a Task Force composed of government officials, stating that: [d]omestic remedies have not been exhausted inasmuch as María Elena Loayza-Tamayo's legal situation should be defined at the end of the judicial proceeding for the CRIME OF TERRORISM in the common court system [and that] the recommendations made by IACHR [Inter-American Commission on Human Rights] in the instant case would involve deciding on a case still pending in the Peruvian justice administration. This is not possible, since, under Peru's Political Constitution in force, no authority could arrogate that power. It is for the Judicial Branch to rule on Maria Elena LoayzaTamayo's legal situation through the proper criminal process. 20. On January 12, 1995, the Commission, not having reached agreement with the Government, submitted this case for the consideration and decision of the Court. III