In this case, Peru arrested and detained Universidad San Martín de Porres Professor Maria Elena Loayza Tamayo on suspicion of participating in alleged terrorist group Sendero Luminoso. Prior to her arrest, the State did not investigate her alleged participation in Sendero Luminoso or obtain a warrant for her arrest. Following Ms. Loayza Tamayo’s arrest, the State tried Ms. Loayza Tamayo for both treason and terrorism, prevented her from communicating with her family, tried her before a faceless court, and kept her in detention though she had been acquitted of all crimes. Following the Court’s Reparations and Costs Judgment, the State declared that the Court’s decision was not enforceable, and withdrew from the Court’s jurisdiction. At a later date, the State reinstated its acceptance of the Court’s jurisdiction.
Case Summary: Loayza Tamayo v. Peru, Case Summary