5
Comprehensive Health Insurance System, as victims of human rights violations
benefiting by order of the Court. The State also affirmed that it had complied with the
health care services and psychological support for the victims, and indicated that “it
was continually supporting the measures taken to comply with these services through
the Ministry of Health, as established in Ministerial Resolution No. 474-2006/MINSA of
May 18, 2006, which resolved to provided medical and psychological care to the
beneficiaries, Nolberto Durand Vargas and Virginia Bonifacia Ugarte Rivera; and (b)
regarding the obligation to provide support for the construction of a residence, in
official communication No. 7351-06-GG, the State indicated that the work had been
carried out in 2002 and that it had therefore complied with the obligation.
10.
That, on September 11, 2003, prior to the above-mentioned State reports, the
representatives had indicated that the State had not provided the health care services.
They mentioned that, in relation to the psychological support, a visit to the Lima
zoological gardens had been scheduled in 2002 and that the State had not taken any
other relevant measure. Regarding the support for the construction of a residence,
they indicated that the State, through the Materials Bank, had begun to comply with
this obligation. Nevertheless, the representatives made no subsequent mention of the
actions taken by the State in this regard.
11.
That the Commission indicated in its observations of September 8, 2003, and
April 6, 2005, that, regarding the health care and interpersonal development services,
psychological support and support for the construction of a residence, the State had
not provided any elements that would allow it to ascertain the measures adopted to
offer the victims the said support. Subsequently, in its observations of September 14
and November 14, 2007, and March 27, 2008, the Commission stated that, according
to the Court’s Order of November 27, 2002, several measures were pending
compliance (supra third having seen paragraph); nevertheless, it indicated that
subsequent to the said Order, the State had complied with some measures, without
making any specific reference to the obligations established in the third operative
paragraph of the judgment.
12.
That, based on the information forwarded by the State and the corresponding
evidence that has been provided, the Court finds that the State has made significant
progress in providing the health care services and psychological support and
interpersonal development to Nolberto Durand Vargas and Virginia Bonifacia Ugarte
Rivera, and also to support the construction of their residence. However, in the
observations they submitted following the State’s reports of June 14, August 18 and
September 4, 2006, and July 9 and December 18, 2007 (supra fourth having seen
paragraph), the representatives and the Commission have not made a specific
reference to the status of compliance with these measures. Consequently, the Court
considers it essential that both the representatives and the Commission forward their
specific and precise observations on the status of compliance with the said obligations
ordered in the third operative paragraph of the judgment, so that the Court can duly
assess the status of compliance with them.
*
*
*
13.
That, regarding subparagraph (a) of the fourth operative paragraph (supra first
having seen paragraph), the State reported that it had published the judgment on
merits in the Official Gazette El Peruano on November 14, 2002. It also reported that,
on the same day, it had published the judgment on reparations and costs. Regarding