31
Tamayo, and pursuant to the aforementioned article, the Court considers that the State of
Peru must, in accordance with its domestic legislation, order the release of Ms. María Elena
Loayza-Tamayo within a reasonable time.
85.
With respect to other reparations, the Court will require sufficient information and
evidence, for which purpose its orders that the appropriate stage of the procedure be
initiated, and, to this end, commissions its President to adopt in due course such measures
as may be necessary.
XVIII
Now, therefore,
THE COURT,
DECIDES:
unanimously,
1.
That the State of Peru violated, to the detriment of María Elena Loayza-Tamayo, the
Right to Personal Liberty recognized in Article 7 of the American Convention on Human
Rights, in relation to Articles 25 and 1(1) thereof.
unanimously,
2.
That the State of Peru violated, to the detriment of María Elena Loayza-Tamayo, the
right to Humane Treatment recognized in Article 5 of the American Convention on Human
Rights, in relation to Article 1(1) thereof.
unanimously,
3.
That the State of Peru violated, to the detriment of María Elena Loayza-Tamayo, the
Judicial guarantees established in Article 8(1) and (2) of the American Convention on
Human Rights, in relation to Articles 25 and 1(1) thereof, on the terms set forth in this
Judgment.
by six votes to one,
4.
That the State of Peru violated, to the detriment of María Elena Loayza-Tamayo, the
Judicial Guarantees established in Article 8(4) of the American Convention on Human
Rights, in relation to Article 1(1) thereof.
Judge Alejandro Montiel-Argüello dissenting.
by six votes to one,
5.
To order the State of Peru to release María Elena Loayza-Tamayo within a reasonable