8
ii.
iii.
iv.
d)
medications prescribed by the doctors and Mrs. Benavides has
had to pay the costs of the medications;
The State cannot establish any restriction or limitation on the
medications it will supply for medical treatment, as that
treatment must include all the medications considered
necessary;
If the medications are not in stock in the State hospitals, then
their cost must be defrayed or reimbursed by the Ministry of
Health, and
They requested that the Court call upon the State to take full
charge of Mrs. Benavides Lopez’ medical treatment, which has
to include all the medications that her physicians prescribe,
either by reimbursing the cost of the medication or through
some other mechanism that ensures that the State pays the full
cost.
Concerning the measures needed to render the judgment of conviction
null and void,
i.
ii.
iii.
iv.
e)
The decision of the National Chamber on Terrorism was not
reported to either the victim or to his representatives;
The decision of that Chamber disregards what the Court
ordered: while it is true that the pardon prevents execution of
the guilty verdict, by the time the Court issued its Judgment on
reparations Mr. Cantoral had already been pardoned and this
did not stop the Court from ordering the State to render the
conviction null and void. Irrespective of whether Mr. Cantoral
was pardoned, a judgment based on laws that violate the
Convention cannot have effects in law and must be nullified;
They contend that the State has not complied with this point,
and
They request that the Court order the State to render null and
void, by means of a court decision to that effect, the judgment
of conviction entered against Mr. Cantoral, as it was delivered
on the basis of a law that was in violation of the American
Convention.
Concerning the grant to pursue a higher education,
i.
The Ministry of Justice sent a letter to the Rector of the
Universidad Nacional Mayor de San Marcos in which he
requested that Mr. Cantoral be automatically admitted to the
Law School, and that he be fully exempt from the fees for
administrative and academic costs. The Secretary General of
the University answered by stating that this manner of
admission was improper, as applicants had to conform to
university law and to the rules for admissions. The Secretary
suggested that an item be included in the institutional budget
for a fellowship program to cover the costs incurred in pursuing
a university degree once the interested party is admitted.
Neither the victim nor his mother was informed of those
communications;