21
the Judgment.31 In this way, the Tribunal remains awaiting the results of the meetings of
coordination made by the State with the goal of complying with this obligation (supra
Considering 59).
4.
Duty to Re-Register in the Retirement Registry (eighth operative
paragraph of the Judgment)
63.
Regarding the duty to re-register Mrs. De La Cruz in the corresponding
registry of retired persons, the State indicated that “it has raised the corresponding
official report to the Office of Provisional Normalization (ONP) with the goal that it
complies with the respective re-registration of the beneficiary.” Said entity is now in the
process of making the action […] for said re-registration [through] Order No. 133-2010OAJ/ONP issued by the ONP to the Secretariat General of Social Security of Health
(EsSalud), so that this entity will offer the precise information of the beneficiary, and
also to proceed with the fulfillment of that ordered by the Court.
64.
The representative signaled that “the entity responsible for the registration[,] the
Peruvian Institute of Social Security, said that [it is not possible] to comply with this
point of the [J]udgment, […] because to recognize the years of services of Mrs. [D]e La
Cruz would require also the recognition of all legal effects, including the remuneration
effects, of the time of effective non-labor services, although the Peruvian Institute of
Social Security has recognized the 25 years of service of doctor De La Cruz in a public
act on August 12, 2005, a document that was alleged to this Court.” Also, the
representative highlighted that the obligation ordered by the Court “is not an obligation
of process [but] an obligation of results,” concluding that “it is without a doubt that
economic criteria exists that [limit the fulfillment].” For the representative, the lack of
fulfillment of this point generates collateral effects so that “[Mrs.] De La Cruz cannot
access pension plans and other benefits of health services for herself and her next of kin
in case of retirement or death through the Association of Merits of Retirement and Death
of Workers, Pensionists and Former Workers of the Peruvian Social Security (FOPASEF
for its Spanish acronym), given that remunerations were not perceived, the support of
FOPASEF has not been paid, and for not having offered to said institution during the time
that she was deprived of her liberty, she cannot access any benefit. Her debt with
FOPASEF on August 25, 2008, ascended to the sum of S/. 8,605.30.”
65.
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.”
66.
In this respect, the Tribunal takes note of the last information provided by the
State in the sense that the Office of Provisional Normalization (ONP) has issued a report
to the Secretariat General of Social Security of Health (EsSalud), so that EsSalud will
offer it the precise information of Mrs. De La Cruz and also to proceed with the reregistration of the same in the corresponding registry of retired persons. In this way, the
Court remains awaiting the updated, ordered, and complete information regarding the
fulfillment of this point. The Court considers that the measures and prior information
presented by the State must be taken into account in a detailed manner in the
respective observations of the representative and of the Commission about the State’s
actions regarding this point of the Judgment.
31
Cf. Case of Cantoral Benavides V. Peru. Supervision of Compliance of Judgment. Order of the InterAmerican Court of Human Rights of February 7, 2008, Considering twelfth and Case of Escué Zapata V.
Colombia. Interpretation of Judgment of Merits, Reparations and Costs. Judgment of the Inter-American Court
of Human Rights of May 5, 2008, Considering twenty-ninth.