6
the “La Exposición” Park be carried out. This was submitted to the State for
its consideration and the next of kin were awaiting a reply on the matter;
g)
regarding the obligation to provide psychological care and treatment to
the victim’s next of kin, different obstacles have hindered the actual provision
of said psychological care. The Ministry of Health arranged for said
psychological care to be provided to the victim’s next of kin at the Honorio
Delgado-Hideyo Noguchi Hospital; Martha Flores-Gutiérrez, José Carlos
Huilca-Flores and Julio Cesar Escobar-Flores did receive care at said
institution but, because of the lengthy period of time in between
appointments, they abandoned the treatment. Minor Indira Isabel HuilcaFlores and Flor de María Huilca-Gutiérrez did not keep their appointments.
Because the infrequency of the appointments was an obstacle to obtaining
adequate psychological care, the victim’s next of kin expressed their intention
to hold discussions with the State on how to expedite the psychological
treatment at the hospital selected by the State or, in the alternative, to have
such care provided by a different institution, such as the Centro de Atención
Psicosocial [Psycho-Social Care Center]. Even though compliance did not
begin until after the expiration of the time limit prescribed in the Judgment
and in spite of the fact that the frequency of the appointments was not
adequate, they did recognize that the State had taken measures aimed at
providing the treatment ordered by the Court. However, since such
psychological care was not provided with the expected periodicity, they
considered that the State had partially complied with this measure of
reparation; and
h)
regarding payment of the monetary compensation ordered by the
Tribunal as pecuniary and non-pecuniary damages, since all the beneficiaries
received the appropriate compensation amount within the first quarter of
fiscal 2006, and given that the State had complied with its obligation to set up
a trust fund for the benefit of minor Indira Isabel Huilca-Flores, they
considered “this measure had been complied with.” As to José Carlos HuilcaFlores, setting a trust fund was not actually necessary as he turned of legal
age in 2005 and, accordingly, payment was made to him directly.
4.
The brief submitted by the Inter-American Commission on Human Rights
(hereinafter “the Commission” or “the Inter-American Commission”) on May 4, 2006,
whereby it noted that:
a)
regarding the obligation to effectively investigate the facts of the
instant, case:
i)
the judgment of acquittal delivered by the National Criminal
Division on March 7, 2006 represented a significant step forward in the
State’s compliance with its obligations; and
ii)
there were causes for concern over the procedural activity
carried out in such proceeding, as action therein was apparently not as
intense as could be expected for over one year of efforts aimed at
securing justice.
b)
regarding the obligation to organize a public act acknowledging its
responsibility, the State had complied with this measure;
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