ended for personal services. Lastly, regarding the reinstatement to a public university, the
Court notes that the State has reported on the steps taken regarding three universities,
without obtaining a favorable response from them.
10.
As such, considering the information presented by the parties, the Court considers
that the State:
i)
has fulfilled its obligation to reinstate Mrs. Loayza Tamayo in the Educational
Center 2057 “José Gabriel Condorcanqui”;
ii)
has yet to clarify the modality under which Mrs. Loayza Tamayo will work at
the National School of Dramatic Arts. Thus, it must explain the circumstances under
which the Departmental Resolution No. 1417-2006-ED of September 20, 2006, was
issued and the possible conformity of said measure with that ordered in the
Judgment;
iii)
still pending is the realization of the reinstatement of Mrs. Loayza Tamayo to
an educational university. The Court recognizes that it no longer is of the State's
obligation to reinstate the victim to the teaching sector of the University of San
Martin de Porres, because at the request of the State, this institution denied this
possibility based on their private motivations. However, while recognizing the various
steps taken by the State, the Court recalls that the obligation at hand is resultoriented, and to that extent, the corresponding obligation will not be satisfied until
the victim is reinstated at a university, and
iv)
still pending is the payment of fees and social benefits foregone by the victim
from the time of her detention until her reinstatement at the three aforementioned
educational institutions. In response to information provided by the State regarding
the partial payment of the severance payments of compensation for lost income for
the Education Center 2057, the Court anticipates the documentary evidence attesting
to such disbursement.
11.
It is therefore imperative that the State submit accurate and detailed information on
a) the employment status under which Mrs. Loayza Tamayo was reinstated and the
circumstances in which she ceased to work at the National School of Dramatic Arts; b)
internal efforts made and the alternatives explored for the reinstatement of the victim in the
teaching sector at a university, based on her expressed willingness to perform for a wide
range of academic institutions according to her broad professional background, and c) the
internal efforts made to finalize the payment of fees and social benefits foregone by the
victim.
12.
For these reasons, the Court finds that the State has partially complied with this
obligation by way of the reinstatement of the victim to two of the educational institutions in
which she worked at the time of her arrest. Thus, the obligation remains regarding the
reinstatement of the victim to the teaching staff of a university and payment of all the fees
and benefits forgone by the victim at the three educational institutions in which she worked.
Specifically, despite the failure to reinstate the victim at the University of San Martin de
Porres (supra Considering clause 6 and 10), the State shall push forward the procedures for
obtaining the social benefits of the victim for the time she worked at that institution.
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