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. * * * 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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