HAVING SEEN:

1.         The brief on reparations and expenses in the Loayza Tamayo Case and its attachments, filed by the Inter-American Commission on Human Rights (hereinafter "the Commission") on January 30, 1998.

2.         The brief on reparations and its attachments, filed by Ms. María Elena Loayza-Tamayo on January 30, 1998.

3.         The observations presented by the State of Peru (hereinafter "the State" or "Peru") on May 7, 1998, in connection with the briefs filed by the victim and the Commission.

4.         The evidence that has been added to the proof in the instant Case, as well as the objections that the State raised with regard to certain pieces of evidence.

5.         The arguments made by Ms. María Elena Loayza-Tamayo, the Commission and the State during the public hearing that the Inter-American Court of Human Rights (hereinafter "the Court") held on June 8, 1998, and the statements made by Ms. Loayza-Tamayo to the effect that she was now domiciled in the Republic of Chile.

CONSIDERING:

1.         That under Article 44.3 of the Court’s Rules of Procedure:

The Court may, at any stage of the proceedings:

[…]

3.             Request any entity, office, organ or authority of its choice to obtain information, express an opinion, or deliver a report or pronouncement on any given point.  The documents may not be published without the authorization of the Court.

2.         That the Court has done a preliminary review of the submissions filed by the victim, the Commission and the State, the evidence they added, and the State’s challenges to that evidence.

3.         That for the reasons cited, the Court deems it useful to request in evidence, to better resolve the matter of the opinions needed to ascertain the physical or psychological consequences or damage that the victim and her next of kin suffered as a result of the violations of the American Convention established in the judgment on the merits of the instant Case, which is the matter that these reparations proceedings must decide.

NOW THEREFORE,

THE INTER-AMERICAN COURT OF HUMAN RIGHTS

pursuant to articles 29 and 44.3 of its Rules of Procedure,

RESOLVES:

1.         To request the Colegio Médico de Chile (Chilean Medical Association) to request in evidence to better resolve the matter, to appoint one or more of its members to submit a report on the physical and psychiatric condition of Ms. María Elena Loayza-Tamayo, to enable the Court to make a more informed judgment.

2.         To request the Colegio Médico del Peru (Peruvian Medical Association) to request in evidence to better resolve the matter, to appoint one or more of its members to submit a report on the psychiatric condition of Gisselle Elena and Paul Abelardo, both having the surname Zambrano-Loayza, to enable the Court to make a more informed judgment.

3.         To request Ms. María Elena Loayza-Tamayo to contact the Colegio Médico de Chile before September 10, 1998, to mutually agree upon the arrangements for her physical and psychiatric evaluation.

4.         To request Gisselle Elena and Paul Abelardo Zambrano-Loayza to contact the Colegio Médico del Peru before September 10, 1998, so that their psychiatric evaluation may be conducted.

5.         To request the Colegio Médico de Chile to send the evaluation to which the first operative paragraph refers in time to reach the Secretariat of the Court no later than October 9, 1998.

6.         To request the Colegio Médico del Peru to send the evaluation to which the second operative paragraph refers in time to reach the Secretariat of the Court no later than October 9, 1998.

7.         To instruct the Secretariat of the Court that once the medical evaluations are received, they are to be forwarded immediately to the victim, to the Inter-American Commission on Human Rights and to the State of Peru.

8.         To give the victim, the Inter-American Commission on Human Rights and the State of Peru one month to submit whatever observations they deem pertinent regarding the evaluations.

9.  To instruct the Secretariat of the Court to take the necessary steps to expedite the procedures herein ordered, which include notifying the Medical Associations of Chile and of Peru of this order and particulars of a practical nature.