10
6.
That, in the course of monitoring compliance with the judgment on
reparations in this case, the Court has 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 (supra seventeenth, twentieth, twenty-third and twenty-sixth having
seen paragraphs).
7.
That María Elena Loayza Tamayo has been reinstated in educational center
No. 2057 and in the College of Dramatic Art of the Ministry of Education (supra
thirty-first, thirty-second and thirty-third having seen paragraphs).
8.
That the Court considers it essential that the State should 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 are 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 has 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).
9.
That the Court will consider the general status of compliance with the
judgment on reparations of November 27, 1998, (supra second having seen
paragraph) when it has received the State’s report and the comments of the parties
on this report.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authority to monitor compliance with its decisions and in accordance
with Articles 67 and 68(1) of the American Convention sobre Derechos Humanos,
Article 25(1) of its Statute and Article 29(2) of its Rules of Procedure,
DECIDES:
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