the University of San Martín de Porres- and awaiting the response from one. In response,
the State reported that, through the representative of the Ministry of Education to the
National Human Rights Council, it has requested the reinstatement of the victim in the
teaching service of “any” public university; the administration of her social benefits before
the University of San Martín de Porres, as well as the administration of payment on the
compensation of lost income when the victim served in the National School of Dramatic
Arts.
7.
On her behalf, Mrs. Loayza Tamayo noted that her reinstatement to the Educational
Institute 2057 of the Educational Services Unit No. 2 has been fulfilled. Nevertheless, she
noted that despite the compromises undertaken by the State in the meeting on April 7,
2008, “she has not be[en] paid the compensation for lost income, nor has she be[en]
informed of the results of the steps taken,” on the matter. Regarding her reinstatement to
the
National
School
of
Dramatic
Arts,
she
stated
that
she was never hired [for professional services wherein she had to bill for those services],
[given that] she was a professor […] under a ministerial budget and payroll with privilege to
all social benefits.” Therefore, she reiterated that “it corresponds to the State to provide for
[her] reinstatement […] pursuant to the laws in force” and to comply “with the payment of
the compensation for lost income.” In regard to her incorporation to the teaching sector at a
university, she expressed her willingness to work in any national university, educational
department and social work, educational institute, or institute of higher education given her
background, a “Bachelor in Education with a Focus on Historic Social Sciences,” a “Bachelor
in Social Work,” and “a Masters in Higher Education.” The victim noted that “she has been
denied the payment of [her] social benefits derived from the severance pay for the time she
worked at the University of San Martín de Porres.” Also, she noted that by way of a letter
dated October 15, 2008, said university “informed her […] that the period to request
payment of [her] social benefits had expired” and that she specified “not having carried out
any request […] given that she anticipated the State to do so.”
8.
In this regard, the Commission “value[d] the efforts of the State so that various
institutions respond to the concerns of the victim.” Nevertheless, it noted that “progress has
not been verified” and, in this respect, it requested the Court to require the State to present
a report that “details [...] the steps taken to comply with [this point].”
9.
The Court recalls that Mrs. Loayza Tamayo, at the moment of her detention worked
at three educational institutions, namely: The Educational Center 2057 “Jose Gabriel
Condorcanqui,” the National School of Dramatic Arts, and the University of San Martin de
Porres. The Court notes that the victim confirmed the fulfillment by the State of its
obligation to reinstate her to the Educational Institute 1057 and that, nevertheless, the
payment is still pending of compensation for lost income from the moment of her detention
until her reinstatement at said institution. In what regards the National School of Dramatic
Arts, there is a controversy between the parties, since according to the victim, she was a
professor under a ministerial budget and payroll, while for the State, it has complied with
her reinstatement even though on September 20, 2006, Mrs. Loayza Tamayo’s contract
satisfy the obligation of the judgment of the [C]ourt, either because it is not the State or because it does not hold
the status of a public institution. In addition, it should be noted that during the time that Mrs. Loayza Tamayo
served the university, she did so as a hired teacher. As we know, contracts of this nature are renewable for periods
of time if the parties, the teacher and the University agree, a renewal that has not occurred in this case.” (case file
of Monitoring of Compliance with Judgment, tome VIII, folios 2449 and 2474).
4