20
the Ministry of Justice on [September 5, 2007].” “[I]n agreement with that informed by
the organs of the Ministry of Education in charge of the granting of scholarships, the
[P]eruvian State only has the power to grant scholarships within its jurisdiction.” Also, it
indicated that “the Post-Graduate degree required by the interested party is not given in
Schools of Post-Graduate Study of the Peruvian Educational Entities” and that “[i]n the
scholarships for Post-Graduate degrees of an international character that international
organizations send, the post-graduate degree required by [Mrs.] [D]e [La] Cruz does not
exist. […] Therefore, it is materially impossible for [her] request to be fulfilled.”
Nevertheless, in the private hearing, the State informed that it is transmitting “the
corresponding documents to evaluate if any possibility exists or not to materialize some
level of reintegration in favor of Mrs. De La Cruz Flores.” Previously, the State informed
that “it had carried out meetings of coordination with the representatives of the Ministry
of Education, and [that] the advances of the same would arrive at the brevity of the
case.”
60.
The representative signaled that “[t]he requests for training made by [Mrs.] De
La Cruz [connected with the specialization of pediatric studies], [were] rejected by the
public institution that offers services – ESSALUD.” In this way, “[b]efore the repeated
lack of fulfillment of the State and facing the medical responsibilities that it […]
assign[ed in the area of adult services], the [d]octor De La Cruz, […] look[ed] to obtain
the medical training necessary to face said responsibilities.” Also, “she registered for the
Diploma of Post-Graduate in Medicine of Aging that is offered in the Post-Graduate
School of the Autonomous University of Barcelona (Spain), during the per[i]od of
[N]ovember 2007 to [J]une 2008, assuming the costs of registration, moving, and
residing in Spain.” Also, the representative highlighted that “the State not only did not
respond to the communications of the victim requiring the granting of the scholarships
for her training and development, but neither – although it supposedly lacks financing –
made any procedure before the Spanish government or foundations or Spanish agencies
that grant scholarships to foreign students with the goal of obtaining a scholarship in
favor of the victim.” Notwithstanding, the representative “recogniz[ed] the fact [of] the
State having said that it will begin to make procedures to perform the reintegration of
the training of the doctor De La Cruz [in] the University of Barcelona.” It fits to stress
that, at this point, the representative highlighted that Mrs. De La Cruz “has been
recognized since the year 2005 [until] 2008 for her work as a doctor in the Peruvian
Institute of Social Security, attending to elder persons, [and becoming] the coordinator
of the doctors in that area.”
61.
The Commission “observ[ed] that the State limited itself to inform that it will
continue making internal procedures” and that it “has not detailed which are the
procedures that it is carrying forward nor when it foresees that they will be culminated.
In this sense, the Commission […] request[ed] the Court to insist upon the State to
present concrete information about the measures provided in order to give fulfillment to
thi[s] point of the [J]udgment.”
62.
Regarding this particular point, the Court observes “[t]hat the scholarship for
studies in the present case had […] to be fulfilled with special compliance t[o] the time
perio[d] establish[ed] in the Judgment.”30 For this not having occurred, it verified a
scenario in which the victim sees the need to make all the processes of access to said
training abroad, not only for the absence of a course in her specialty in the country, but
also due to the lack of disposition of the State to offer a scholarship in any university or
center of studies, alleging that there are always a series of obstacles or impediments for
its concession. Taking into account that in the framework of the private hearing the
State indicated that it is not making the processes in order to repay the expenses that
Mrs. De La Cruz has incurred, this Tribunal considers that said possibility constitutes an
appropriate modality to comply with that ordered in the seventh operative paragraph of
30
Cf. Case of Gómez Paquiyauri v. Peru. Supervision of Compliance with Judgment. Order of the InterAmerican Court of Human Rights of May 3, 2008, Considering eighteenth.