43 he submitted requests to the authorities regarding payment of his pension (supra, para. 82). In any case, the Court considers that the procedural momentum to achieve compliance with a human right (social security) pursuant to a judicial order, which is also recognized in the Peruvian Constitution, cannot rely entirely on the victim, since the State is obligated to guarantee that right. Thus, there was an excessive prolongation of the execution process and periods of inactivity by the authorities. 162. As to the effects on the legal situation of the person involved in the proceedings, this Court has established that if the passage of time has a significant impact on an individual’s legal situation, the proceedings must move forward with greater diligence so that the case is decided promptly.171 Given that this case concerns the right of an older person with a hearing impairment to social security, a benefit associated with income substitution and nutrition, the Court considers that exceptional due diligence was required. 163. In the instant case, the Court deems it pertinent to recall that the applications for amparo filed by the alleged victim involved various aspects of his right to social security, and the correlative access to health care services, based on monthly deductions from his pension, which entitled him to social health insurance with EsSalud.172 This aspect is of the utmost importance, given that the victim is 82 years old, which places him in an even greater situation of vulnerability and implies a reinforced obligation to respect and guarantee his rights. In fact, Mr. Muelle Flores stopped receiving his pension from 1991 (although he did receive some partial payments) pursuant to the laws in force at the time. In other words, despite having acquired the right to a pension in September 1990, which would have provided him with sufficient means to live with dignity and to cover his health care expenses, Mr. Muelle Flores was unable to enjoy this right, but instead had to seek financial help from his family173 and take certain occasional jobs for as long as his health allowed, in order to survive. 164. In addition, the victim has suffered various ailments, which have worsened over time, such as the development of severe hypoacusia with total loss of hearing in one ear and a significant decrease in hearing in the other, Alzheimer’s syndrome and a fractured femur (supra para. 52), given that he was unable to access the public health system as a direct consequence of the failure to execute the judicial decisions in his favor. 165. In this regard, it is important to emphasize that since the judgments were handed down in 1993 and 1999, more than 26 and 19 years have elapsed, respectively. For a person of advanced age who lacks financial resources, this state of affairs has had an impact on his legal situation. Bearing in mind the foregoing, the Court considers that it has been sufficiently proven that the undue prolongation of the judgment execution process in this case has had a significant and direct impact on Mr. Muelle Flores’ legal situation, given that the delay in complying with the judicial decisions affected the course of his life after his retirement. 166. Having analyzed the four elements to determine the issue of reasonable time in this case, the Court finds that the judicial authorities exceeded a reasonable time in the process to execute the judgments, in violation of the right to judicial guarantees established in Article 8(1) of the American Convention, in relation to Article 1(1) thereof, to the detriment of Oscar Muelle Flores. 171 Cf. Case of Valle Jaramillo et al. v. Colombia. Merits, reparations and costs. Judgment of November 27, 2008. Series C No. 192, para.155, and Case of Women Victims of Sexual Torture in Atenco v. Mexico, supra, para.308. 172 173 Cf. Brief of the State containing helpful evidence, December 11, 2018 (evidence file, folio 1833). Cf. Affidavit rendered by Vibeke Ann Muelle Jensen on August 22, 2018 (evidence file, folio 1840), and affidavit rendered by Jesús Aníbal Delgado Flores on August 22, 2018 (evidence file, folios 1841 to 1842).

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