5.
The States Parties to the Convention must ensure compliance with its provisions
and their inherent effects (effet utile) within their respective domestic legal systems.
This principle is applicable not only with regard to the substantive norms of human
rights treaties (that is, those which contain provisions concerning the protected rights),
but also with regard to procedural norms, such as those referring to compliance with
the decisions of the Court. These obligations must be interpreted and applied so that
the protected guarantee is truly practical and effective, bearing in mind the special
nature of human rights treaties. 4
6.
The States Parties to the Convention that have accepted the compulsory
jurisdiction of the Court have the duty to fulfill the obligations laid down by this Court.
These obligations include the duty of the State to inform the Court of the measures
adopted to comply with the orders of the Court in those decisions. Timely fulfillment of
the State's obligation to inform the Court how it is complying with each of the
measures ordered by the latter is essential to assess the status of compliance with the
judgment as a whole. 5
7.
Pursuant to the Order of the Court of July 1, 2011, (supra Having Seen clause 2),
in this Order, the Court will assess compliance with Operative Paragraphs 11, 12, 14 and
16 of the Judgment.
A. Obligation to provide free medical and psychological care to Wilson García Asto
through its health care services, including the provision of medicines free of charge
(eleventh operative paragraph of the judgment)
Arguments of the parties and the Commission
8.
The State, in its report of February 1, 2012, indicated that on January 6, 2012,
it had requested the Ministry of Health to provide information on the measures
adopted or underway, in order to comply with the reparations that were ordered, “and
a response is pending” from the Ministry. The State reported, among other things, that
“in the case of Mr. Wilson García Asto, the State provided the Court with a document
showing his registration in the ESSALUD INSURANCE [...], being that registration in
the [Integral Health System] (SIS for its acronym in Spanish) was not necessary
because he had that insurance.”
9.
With regard to the aforementioned, the representatives considered that “the
obligation to comply with the Judgment is a results based obligation, not one based on
actions or procedures, as the State pretends, reason for which [... ] the State has not
complied with the matters pending compliance with the [J]udgment in the monitoring
of compliance.” On the other hand, it reported on the visit that Mr. Garcia Asto
Castañeda Gutman V. México. Monitoring of Compliance with Judgment. Order of the Inter-American Court
of Human Rights of August 28, 2013, Considering clause four.
4
Cf. Case of Ivcher Bronstein V. Peru. Competence. Judgment of the Inter-American Court of Human
Rights of September 24, 1999. Series C No. 54, para. 37, and Case of Castañeda Gutman V. México.
Monitoring of Compliance with Judgment. Order of the Inter-American Court of Human Rights of August 28,
2013, Considering clause five.
5
Cf. Case of Barrios Altos V. Peru. Monitoring of Compliance with the Judgment. Order of the InterAmerican Court of Human Rights of September 22, 2005, Considering clause 7, and Case of Abrill Alosilla et al.
V. Peru. Monitoring of Compliance with the Judgment. Order of the Inter-American Court of Human Rights of
May 22, 2013, Considering clause 6.
3