2
by said Court, in conformance with the Decision of said Court of November
17, 1999;
c)
that the situation of Ms. Loayza-Tamayo, who suffered serious
disorders in her physical and psychic health during the term of her
imprisonment, and as a result of the cruel, inhuman and degrading
treatments to which she was subject, has worsened. Moreover, she is
currently residing in the City of Santiago, Chile; she is not working, and she is
receiving medical care supported by the non-government organization
Fundación Ayuda Social de Iglesias Cristianas (hereinafter “FASIC”);
d)
more than one yea ago, Ms. Loayza-Tamayo does not receive
continuous, adequate medical care, just occasional therapies provided by
Chilean doctors when she can afford them and pay for medicines; thus,
continuous medical care is necessary for her condition not to get worse,
without a real possibility of restitutio integrum. FASIC and the Office of the
United Nations in Santiago lack the adequate means to keep taking care of
this case;
e)
due to her physical and psychic or emotional conditions, Ms. LoayzaTamayo often has not been able to find and is not able to find a permanent
job. She only finds occasional and precarious jobs, not adequate for her level
of education, and her human and social potential, which do not allow her a
dignified living and which worsen her situation of stress and feeling of
discrimination, humiliations and frustration for the exile which she was forced
to by her fear of losing her freedom in Perú. Her relatives cannot offer her
any economic assistance, since they are taking care of her children;
f)
Perú did not comply with the items of resolution of the Judgement of
Indemnification with respect to the children of the victim, her other relatives,
and her attorney;
g)
Perú has the obligation of complying with the juridical duties imposed
on it by the Pacto de San José de Costa Rica;
h)
the fair indemnification decided by the Court, although not eliminating
the consequences suffered by Ms. Loayza-Tamayo, is the only opportunity for
her to improve her living conditions, to take care of her health and prevent it
from worsening. The credit that Ms. Loayza-Tamayo has with respect to Perú
is not a normal credit, but the pretium doloris, a price that she already “paid”
and continues paying in exile; and
i)
with regards to the right to life, Ms. Loayza-Tamayo’s life project has
been damaged, and her freedom recuperated with the Judgement of the
Inter-American Court on the matter is “worth little for her” because the
conduct of the State, to date, prevents her from having the minimum of a
dignified life.
Likewise, her right to health is seriously violated and
diminished.
2.
The brief of November 29, 2000, received on December 11, 2000 at the
General Secretariat of the Court, where Ms. Carolina Loayza-Tamayo stated the she
“share[s] the legal representation of María Elena Loayza-Tamayo with Professors
Michelangela Scalabrino and Hector Faúndez Ledezma, at the request of Ms. Loayza-