4
Ministry of Education to implement the professional update and training of the
victims;
c)
regarding the obligation to pay, within one year, the amounts
determined in the Judgment in compensation for material damages, immaterial
damages and costs and expenses, that the State has made the payments, with
the exception of $7,400.00 to Mr. Urcesino Ramírez Rojas and the creation of a
$25,000.00 trust in the name of Marcos Ramírez Álvarez remain pending;
d)
regarding the obligation to publish in the Official Gazette and in a
newspaper of nation-wide circulation, the relevant parts of the Judgment, that
the State published on March 5, 2006 in the Official Gazette “El Peruano” the
section regarding proven facts and the operative paragraphs of the Judgment of
the present case. The publication in another newspaper of nation-wide
circulation remains pending, and
e)
regarding the new criminal proceeding against Mr. Urcesino Ramírez
Rojas, that “even though it is not a matter of the monitoring of compliance with
the Judgment, it is important to note that in domestic criminal proceedings Mr.
Ramírez Rojas was found guilty and condemned.” On May 2, 2006, the National
Criminal Chamber (“Sala Penal Nacional”) found Mr. Urcesino Ramírez Rojas
guilty of Disturbance of the Peace –Terrorism by Association– and condemned
him to fourteen years, five months and 26 days in prison. Due to the time Mr.
Ramírez Rojas had already spent in prison, his sentence was considered served.
Mr. Ramírez Rojas filed an appeal to annul said Judgment. On November 11,
2006, the case file was sent to the Supreme Court of Justice and is pending
Judgment.
3.
The communications presented by the representatives of the victims and their
next of kin (hereinafter “the representatives”) on February 9, 2006, May 29, 2006,
December 28, 2006, January 22, 2007, and April 23, 2007, whereby the
representatives stated, inter alia:
a)
regarding the responsibility to provide free medical and psychological
attention to Mr. Wilson García Asto through its health services, including the
provision of free medicine, that:
i)
on September 14, 2006, the Ministry of Health issued Mr. García
Asto a credential that authorized him to receive health and psychological
care, including the provision of free medicine;
ii)
as a result of many steps taken by the victim and his family, Mr.
García Asto was authorized for medical attention for only one year and
has received medical attention in the Cayetano Heredia National Hospital
since mid-November 2006;
iii)
since Ministerial Resolution No. 485-2006 only referred to medical
and psychological attention, even though the Court’s Judgment included
the provision of free medicine, the victim was denied medicine at first in
the Cayetano Heredia Hospital, and
iv)
after steps taken personally before the Hospital’s Director Office,
the hospital informally authorized the dispensing of free medicine.
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