ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF JULY 2, 1996
PROVISIONAL MEASURES REQUESTED BY THE
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
IN THE MATTER OF PERÚ
LOAYZA TAMAYO CASE
HAVING SEEN:
1.
The petition of January 12, 1996, in which the Inter-American Commission on
Human Rights (hereinafter "the Commission" or "the Inter-American Commission")
submitted to the Inter-American Court of Human Rights (hereinafter "the Court" or
the "Inter-American Court") the case of Loayza Tamayo against the Government of
the Republic of Perú (hereinafter "the Government" or "Perú").
2.
The communication of April 19, 1996 from the Inter-American Commission in
which it dispatched to the Secretariat a note it had sent to the Government of Perú
concerning the conditions in which María Elena Loayza-Tamayo was being detained.
3.
The note of May 15, 1996, received on May 28, 1996, from the Government
of Perú in response to the Inter-American Commission concerning the conditions in
which María Elena Loayza-Tamayo was being detained.
4.
The Commission's request of May 30, 1996 for provisional measures pursuant
to Article 63(2) of the American Convention on Human Rights (hereinafter "the
Convention" or "the American Convention") and Article 24(1) of the Rules of
Procedure of the Court (hereinafter "the Rules of Procedure"), requesting from the
Inter-American Court "the ending of the solitary confinement and incommunicado
detention imposed on María Elena Loayza-Tamayo on April 9, 1996 and that she be
returned to Pavilion 'A' of the Chorrillos Women's Maximum Security Penitentiary in
the same conditions in which she had been held prior to her transfer." The
Commission based its request on the fact that María Elena Loayza-Tamayo was
"confined in a tiny cell for twenty-three and a half (23.5) hours a day for one year."
5.
In exercise of the powers conferred on him by Article 24(4) of the Rules of
Procedure, the President of the Court (hereinafter "the President") issued an Order
on June 12, 1996 in which he decided:
1.
To request that the Government of the Republic of Perú adopt forthwith such
measures as are necessary to effectively ensure the physical, psychological and moral
integrity of Ms. María Elena Loayza-Tamayo, so that any provisional measures that the
Inter-American Court may take can have the requisite effect.
2.
To request that the Government of the Republic of Perú submit to the President
of the Court, not later than June 25, 1996, a report on the measures taken so that they
may be brought to the attention of the Court at its next session scheduled for June 26 to
July 3, 1996.