8
25.
That the Commission, in turn, noted that the restrictions mentioned by the State
should not be an obstacle to comply with the decision of the Court. Thereupon, the
Commission “hopes that the State will make the publication in a near future.”
26.
That the Court observes that, according to the provisions of the Judgment, the State
should make the corresponding publications within a six-month term. That the State, the
Commission and the representatives reported that the publication in the Official Gazette was
effectively made, and furnished evidence thereof. Nonetheless, the publication in a national
daily newspaper is still pending. As more than two years have elapsed since expiration of
the deadline set out in the Judgment for the publications, the Court urges the State to take
the necessary steps to finance the pending publication in order to fully comply with its
obligation.
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Adequate treatment to the victims' next of kin
27.
That, in relation to the duty to confer an adequate treatment to the victims' next of
kin (operative paragraph fourteen of the Judgment,) the State informed that the Ministry of
Health “completed” the membership proceedings to enlist all the relatives in the Sistema
Integral de Salud (Health Care Global System) (hereinafter, the "SIS") and that this was
informed to their legal representatives by Notices No. 2044 and 2042 – 2007/JUS/CNDH-SE
of November 21, 2007; for this reason, the State requested that this measure as ordered by
the Court be considered fully complied with. Later, the State informed that the SIS had
joined forces with the representative of the victims to collect the updated addresses of the
next of kin so that they might have access to the health system, renewing the “request of
collaboration to the Ministry of Health concerning the registration of the beneficiaries in the
Sistema Integral de Salud (Health Care Global System).”
28.
That the representatives noted that “even though all inter-institutional proceedings
have been conducted to cause the next of kin to be enlisted in the SIS, the mere
registration does not guarantee provision of an adequate treatment and supply of
medicines.” They also noted that, even though the Judgment was delivered more than two
years ago, the next of kin were not registered in the health system. For those reasons, they
requested the Court to require the State to comply forthwith with this obligation and to
submit updated information, taking into account that compliance with this obligation should
“be monitored on an ongoing basis” to secure fulfillment thereof.
29.
That the Commission considered that the information furnished by the State “fails to
include specific data, which are deemed conclusive for compliance with the decision of the
Tribunal with regard to this obligation, fulfillment of which is immediate and periodic,” and
in this respect it found it necessary that “significant action” should be taken to provide
adequate and comprehensive health assistance to the victims' next of kin.
30.
That the Court praises the actions taken in furtherance of compliance with this
measure; however, it pointed out that provision of an adequate treatment and supply of
medicines for as long as it is necessary is an obligation of immediate and periodic
fulfillment, which is not satisfied with the mere registration of the victims' next of kin in the
Sistema Integral de Salud (Health Care Global System.) In this sense, the Tribunal urges
the State to continue submitting information on the progress of the implementation and
maintenance of this measure.
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