received on January 21, 2012, by a member of the Ombudsman for Health, who
informed him that he was in charge of his health care needs because his case was a
“special case,” and he made notes on Mr. Garcia Asto’s medical needs. After that, Mr.
Garcia Asto was treated by a psychologist in the Hospital Cayetano Heredia of the
Ombudsman of Health on February 11, 2011, and he was exonerated from payment,
was given his I.D. and a second appointment was scheduled for the end of the month.
Nevertheless, the representatives considered that “Mr. Garcia Asto’s health required
specialized and timely care. Because the State did not provide such care in a timely
manner, his physical and psychological health has deteriorated to a greater degree.”
They also added that Mr. Garcia Asto had not yet received preferential treatment
because of his status as a victim who suffered violations of his human rights, and that
his health insurance ESSALUD that he has had as of six years ago stems from his
employment relationship with a company and not with the State. Moreover, they
reported that the provision of medications free of charge is still pending.
10.
The Inter-American Commission stated that the information provided by the
State was insufficient, although it considered the information provided by the
representatives was a positive step regarding the meeting with the Health
Ombudsman. Therefore, the Commission considered it “necessary that the Peruvian
State report on the expectations had regarding continuity and permanence of this
measure, on the measures adopted to ensure that care is not limited to psychological
care and includes other areas in which Mr. Garcia Asto requires care, and on the
measures taken to ensure the provision of free medications.” In its observations of
November 12, 2013, the Commission noted with concern that after 7 years it had not
yet taken steps to comply with this obligation. It also found that the implementation of
health care services should be “differentiated, individualized, preferential,
comprehensive, and provided through specialized institutions and personnel.”
Considerations of the Court
11.
The Court values the information on how Mr. García Asto is affiliated with the
health system and thus can receive care in a health center, however the information
about the ESSALUD insurance was not presented in a way that allows this Court to
assess whether there is compliance with the State’s obligation. The Court reiterates
that, in addition to the measures taken under the general health system, it is
necessary that the State grant preferential treatment to the victim 6 as well as
differential treatment in relation to the processing and procedures needed to receive
care for the health-related damages as ordered in the Judgment. As for the provision
of medications free of charge, the information provided by the State does not explain
whether there is specific compliance with this point. For these reasons, and in order to
evaluate implementation of this measure of reparation ordered by the Court, this
measure will continue to be monitored by the Court. In this regard, it is necessary that
in its next report, the State refer to the specific actions that are being carried out so
that Mr. García Asto can effectively access free medical and psychological care as well
as the provision of medications free of charge.
6
Cf. Case of 19 Tradesmen v. Colombia. Monitoring of Compliance with the Judgment and Provisional
Measures. Order of the Inter-American Court of Human Rights of July 8, 2009, Considering clause 30; Case
of De la Cruz Flores V. Peru. Monitoring of Compliance with the Judgment. Order of the Inter-American Court
of Human Rights of September 01, 2010, Considering clause 57, and Case of Gómez Palomino V. Peru.
Monitoring of Compliance with the Judgment. Order of the Inter-American Court of Human Rights of July 05,
2011, Considering clause 25.
4