4 2011. Nevertheless, to the date and according to the information contributed by the State, the above mentioned compensation has not been paid yet, and it does not show that indeed Mrs. Melba Suarez del Carmen Peralta is receiving adequate and timely medical treatment. Finally, with regard to the public apologies, the Commission notes that it appears that neither the text of the publication nor the text of the plate was consulted with beneficiaries, although it was as expressly provided in the agreement signed. The Commission submits the instant case to the jurisdiction of the Inter-American Court due to the need to obtain justice for the victim, the lack of detailed and substantial information about State’s compliance with the recommendations, and the serious health situation in which Melba Suarez del Carmen Peralta is. The Commission submits to the Inter-American Court all the facts and violations of Human Rights stated in the Report on the Merits 75/11 and request that the InterAmerican Court declare that the State of Argentina is responsible for: violation of the right to a fair trial and to judicial protection enshrined in Articles 8.1 and 25.1 of the American Convention, in conjunction with the general obligation of respecting and ensuring those rights set out in Article 1.1 thereof, with respect to Melba del Carmen Suárez Peralta and her mother, Melba Peralta Mendoza. Based on the foregoing conclusions, the Commission recommends that the Venezuelan State: 1. 2. 3. 4. 5. Adopts the measures necessary for an effective investigation of the facts of the case at hand and to punish, within a reasonable time, the judicial officials whose actions led to the excessive delays in the pursuit of the criminal proceedings and the resultant denial of the victims’ access to justice; Adopts the measures necessary to provide appropriate redress to Melba del Carmen Suárez Peralta and to her mother, Melba Peralta Mendoza, for the human rights violations identified in this report, including both material and moral damages. Given the particular nature of the facts in this case, this redress must include payment of the expenses incurred by the victims in their pursuit of justice and a recognition of international responsibility and public apology by the State; Adopts the measures necessary to provide the required medical attention, immediately and without charge, through its specialized health agencies, and at the place of residence of Ms. Suárez Peralta, including the medicines she requires and with consideration for her ailments; Adopts the measures necessary to ensure that the laws related to the exercise of the medical profession are regulated and effectively implemented, in accordance with the national and international standards in the matter; and Adopts all the measures necessary to prevent similar incidents from occurring in the future, in compliance with the duties of prevention and guaranteeing rights enshrined in the American Convention. Additionally, the Commission considers that the case deals with issues of interAmerican public order. The case deals with the obligations of the State with respect to regulating the health services, and will allow the Court to develop standards of due diligence and procedural momentum, and criminal and administrative procedures in cases of medical malpractice. In addition, the Court would develop its jurisprudence with regard to the obligation to avoid situations of impunity in relation to the liability incurred by health professionals Likewise, given that these issues have a significant impact on inter-American public order, pursuant to Article 35.1.f) of the Rules of Procedure of the Inter-American Court, the Commission would ask the Inter-American Court to incorporate the testimony given by the experts Ernesto Albán Gómez and Raúl Moscoso Álvarez in the Albán Cornejo vs. Ecuador case. The Commission would also like to offer the following expert’s statement: