ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF FEBRUARY 3, 2001
PROVISIONAL MEASURES
LOAYZA TAMAYO CASE
HAVING SEEN:
1.
The brief of November 30, 2000, and its annexes, received by the Secretariat
of the Inter-American Court of Human Rights (hereinafter “the Court” or “the InterAmerican Court”) on December 5, 2000, in which Michelangela Scalabrino submitted
to the Court a request for provisional measures in relation to the Loayza Tamayo
case regarding Peru (hereinafter “Peru” or “the State”), in the name of María Elena
Loayza Tamayo (hereinafter “Mrs. Loayza Tamayo”), pursuant to Article 63.2 of the
American Convention on Human Rights (hereinafter “the Convention” or “the
American Convention”) and Article 25 of the Rules of Procedure of the Court
(hereinafter “the Rules of Procedure”). In this brief, Mrs. Scalabrino requested the
Court:
[to] take urgently all provisional measures so that María Elena Loayza Tamayo may
recover the amount of money established by the Court as fair compensation, together
with the interest thereon and other material and moral damages relating to the
violations arising from non-compliance with the judgment on reparations by Peru, which
will allow her to emerge from the misery in which she is living, cease to live on charity
and begin to enjoy a “worthwhile life”; [so that] she may develop a new (although
limited) life path, begin new professional training which she is able to do abroad, while
her personal situation continues to be insecure in Peru; [so that] she can take care of
her health appropriately; [and so that] she can defray her children’s needs, personally
and directly, after having suffered the humiliation that they are cared for by their
grandparents and aunts.
Mrs. Scalabrino also stated that the provisional measures could:
include, if necessary: accounts and/or sums of money that the Peruvian State has
abroad or is about to receive from abroad (from other States that are Parties to the
Convention or not, or from international organizations) [and that these] should be made
available to the victim up to the amount to which the Court declares the victim has the
right; [also] that, in this case, the Court [...] should rule that the victim and/or her
lawyers should receive all necessary assistance to recover this amount in the place
where she is; [and] that the ad hoc expenses and fees arising from the necessary
actions shall be included in the amount.
Mrs. Scalabrino based the request for provisional measures on the following
considerations:
a) The Court retains competence to decide on this request, because the case
is at the procedural stage of the execution of the judgment on reparations,
and also because the victim is legally authorized to act before the Court to
this end;
b) The State has still not fulfilled the Court’s mandate that, in accordance with
the Court’s Order of November 17, 1999, it comply rapidly with the
judgment on reparations delivered on November 27, 1998;