2
c) The situation of Mrs. Loayza Tamayo, who suffered severe physical and
mental health problems during her imprisonment, which have become
worse as a result of the cruel, inhuman and degrading treatment to which
she was submitted. She is now living in Santiago, Chile; she does not
work and she receives medical treatment financed by a non-governmental
organization, the Fundación de Ayuda Social de Iglesias (hereinafter
“FASIC”);
d) For more than a year, Mrs. Loayza Tamayo has not received the necessary
continuous medical treatment, but only occasional treatment provided by
Chilean doctors when she can afford to pay them and also pay for the
medicines. Her medical problems consist of several types of ailments that
require continuous medical treatment so that her situation does not get
worse, although there is no real possibility of restitutio in integrum. FASIC
and the United Nations office in Santiago lack the means to continue
attending to this case;
e) Owing to her physical and mental or emotional condition, Mrs. Loayza
Tamayo has often been unable to find permanent work. She only finds
occasional work, which is not appropriate for her level of education and her
personal and social potential, which does not allow her to live decently and
which aggravates her tension and anxiety and her feelings of
discrimination, humiliation and frustration with the exile she was obliged to
go into, because she feared that she might lose her freedom in Peru. Her
family cannot offer her economic assistance, because they are taking care
of her children;
f) Peru did not comply with the decisions of the judgment on reparations
concerning the victim's children, her other next of kin or her lawyer;
g) Peru is obliged to comply with the legal obligations arising from the Pact of
San José, Costa Rica;
h) Although it does not eradicate the consequences suffered by Mrs. Loayza
Tamayo, the fair and reasonable compensation established by the Court
constitutes her only possibility of improving her living conditions, paying for
her health care and preventing her health from continuing to get worse.
Her claim with regard to Peru, is not a normal claim, but a pretium doloris,
the price that she “paid” and continues to pay in exile; and
i) With regard to the right to life, the life plan of Mrs. Loayza Tamayo has
been damaged and the freedom she recovered through the judgment on
merits of the Inter-American Court has “little worth”, because, to date, the
State’s conduct prevents her from having even a minimally decent life. Her
right to health has also been seriously violated and impaired.
2.
The brief of November 29, 2000, received by the Secretariat of the Court on
December 11, 2000, in which Mrs. Carolina Loayza Tamayo indicated that “she
share[s] the legal representation of María Elena Loayza Tamayo with Michelangela
Scalabrino and Héctor Faúndez Ledezma, at the request of Mrs. Loayza Tamayo”,