2
II
BACKGROUND
2.
The Inter-American Commission on Human Rights brought the instant Case to
the Court by application dated January 12, 1995, attached to which was Report No.
20/94 of September 26, 1994. The Case originated with a complaint (No. 11,154)
against Perú, received at the Secretariat of the Commission on May 6, 1993.
3.
On September 17, 1997, the Court passed Judgment on the merits of the
Case, the operative part of which declares that:
[…]
1.
That the State of Peru violated, to the detriment of María Elena Loayza-Tamayo,
the Right to Personal Liberty recognized in Article 7 of the American Convention on
Human Rights, in relation to Articles 25 and 1(1) thereof.
[…]
2.
That the State of Peru violated, to the detriment of María Elena Loayza-Tamayo,
the Right to Humane Treatment recognized in Article 5 of the American Convention on
Human Rights, in relation to Article 1(1) thereof.
[…]
3.
That the State of Peru violated, to the detriment of María Elena Loayza-Tamayo,
the judicial guarantees established in Article 8(1) and (2) of the American Convention on
Human Rights, in relation to Articles 25 and 1(1) thereof, on the terms set forth in this
Judgment.
[…]
4.
That the State of Peru violated, to the detriment of María Elena Loayza-Tamayo,
the Judicial Guarantees established in Article 8(4) of the American Convention on Human
Rights, in relation to Article 1(1) thereof.
[…]
5.
To order the State of Peru to release María Elena Loayza-Tamayo within a
reasonable time, on the terms set forth in paragraph 84 of this Judgment.
[…]
6.
That the State of Peru is obliged to pay fair compensation to the victim and her
next of kin and to reimburse them for any expenses they may have incurred in their
representations before the Peruvian authorities in connection with this process, for which
purpose the corresponding proceeding remains open.
4.
On October 20, 1997, Peru reported that on October 16 of that year it had
released Ms. María Elena Loayza-Tamayo (hereinafter “the victim”), in compliance
with the Judgment issued by the Court on September 17, 1997. The victim
appeared before the Court, in person, at a public hearing held on June 9, 1998 and
with that confirmed the fact that she had been released by the State.
III
PROCEEDINGS AT THE REPARATIONS STAGE
5.
In compliance with the Judgment entered on September 17 of that year, on
November 11, 1997 the Inter-American Court decided as follows: