2
7.
The communications of October 23, 2006, March 16, 2007 and October 11,
2007, in which the representative of the victim (hereinafter "the representative")
submitted her comments on the reports of the State (supra Having seen No. 6).
8.
The briefs of April 26, 2007 and November 16, 2007, in which the InterAmerican Commission on Human Rights (hereinafter "the Commission" or "the InterAmerican Commission") filed its reaction to the reports submitted by the State
(supra Having seen No. 6).
9.
The order delivered by the President of the Inter-American Court on
December 13, 2007 in which, exercising the powers of the Court to monitor
compliance with its decisions, and in consultation with the other judges of the Court,
he ordered the Inter-American Commission, the victim and her representative and
the State to attend a private hearing on February 1, 2008, for the purpose of
obtaining information from the State on actions it has taken to comply with pending
items from the judgment on reparations delivered in the instant case (supra Having
seen No. 5), and for receiving comments to this effect from the Inter-American
Commission and the victim and her representative.
10.
The private hearing held by the Court at its seat in San Jose, Costa Rica, on
February 1, 2008, in which the State, the representative of the victim, the victim and
the Commission discussed compliance with still-pending items in the instant case. 1
11.
The plea made in that hearing by Judge Cecilia Medina Quiroga, President of
the Inter-American Court (hereinafter "the President"), inviting the victim, her
representative and the State to agree together on measures and actions needed to
bring about full compliance with the judgment on reparations in the instant case.
12.
The memorandum signed by the victim, her representative and the State in
the presence of the Inter-American Commission and submitted to the Court on
February 1, 2008, following the private hearing in this case (supra Having seen No.
10).
CONSIDERING:
1.
That monitoring compliance with its judgments is a power inherent in the
judicial functions of the Court.
2.
That Peru has been a State Party to the American Convention on Human
Rights (hereinafter "the American Convention" or 'the Convention") since July 28,
1978 and accepted the binding jurisdiction of the Court on January 21, 1981.
3.
That in accordance with the provisions of Article 67 of the American
Convention, the State must comply promptly and fully with the judgments of the
1
In accordance with Article 6(2) of the Rules of Procedure, the Court held the hearing with the
following judges: Judge Cecilia Medina Quiroga (President); Judge Sergio García Ramírez; Judge Leonardo
A. Franco; Judge Rhadys Abreu Blondet and Judge Margarette May Macaulay. The following parties
appeared at the hearing: a) for the Inter-American Commission: Elizabeth Abi-Mershed, Delegate, and
Manuela Cuvi, Advisor; b) for the representative of the victim: Carolina Loayza Tamayo, Representative,
and María Elena Loayza Tamayo, Victim; c) for the State of Peru: Ángel María Lozada, Agent; Alberto
Gutierrez La Madrid, Ambassador of Peru in Costa Rica, and Mr. Miguel Guzmán, Embassy Counselor.