31
enjoys “absolute and complete freedom.” The State further noted that its judicial
branch was still considering a petition that the victim herself had filed seeking to
have her police or criminal records expunged.
121. The Court has had before it one document issued by the Registry of Records
and Convictions of the Supreme Court of Military Justice (supra 54) that concerns
the first proceeding to which the victim was subjected. However, the Court does not
have sufficient information in its possession to determine whether there are other
records in which the victim figures.
122. Under Article 68 of the American Convention, the States Parties "undertake to
comply with the judgment of the Court in any case to which they are parties. "
Consequently, Peru is obligated to adopt all domestic legal measures that follow from
the Court’s finding that the second trial to which the victim was subjected
constituted a breach of the Convention. Hence, no conviction handed down in that
second trial can have any legal effect, which is why all the respective proceedings
and records are null and void.
*
*
*
123. The State’s release of the victim is not sufficient to fully redress the
consequences of the human rights violations perpetrated against her, given the
length of time that she remained in prison, the suffering she endured as a result of
the cruel, inhuman and degrading treatment to which she was subjected, and the
fact that she was held incommunicado during her incarceration, paraded in prison
uniform before the mass media, held in solitary confinement in a small, unventilated
cell with no natural light, beaten and subjected to other forms of abuse such as
threatened drowning, intimidation with threats of further violence, and restricted
prison privileges (Loayza Tamayo Case, Judgment of September 17, 1997. Series C
No. 33, para. 58). The consequences of that treatment cannot be fully redressed or
compensated.
124. Alternative forms of reparation have to be found, such as pecuniary
compensation for the victim and, where appropriate, her next of kin.
This
compensation is mainly for injuries suffered and, as this Court has ruled previously,
includes pecuniary as well as moral damages (Garrido and Baigorria Case,
Reparations, supra, para. 43).
X
PECUNIARY DAMAGES
125. In the case of pecuniary damages, in their reparations briefs both the victim
and the Inter-American Commission requested that the Court order Peru to pay the
following amounts:
a)
US$29,724 (twenty-nine thousand seven hundred twenty-four United
States dollars) plus the legal interest on that amount, representing the
income that the victim ceased to receive because of the events that resulted
in her incarceration.
On this matter, the State argued that for the duration of her detention, the
victim had received a pension from the State as a former employee of the