10
it is important that the State authorities continue to receive the beneficiaries’ cooperation
and consent.
27.
In order to monitor effective compliance with this obligation, it is necessary that the
State provide complete and updated information regarding the steps it has taken to that
end. The State must also report to the Court on the specific situation of Ms. Rosa Palomino
Buitrón.
e) Implement the educational programs stipulated in the Judgment
(Operative Paragraph 11 of the Judgment)
28.
The State reported that on October 18, 2010 information was sought from the
Ministry of Education before the National Human Rights Council regarding the measures
adopted to date and, in response, on October 29, 2010, this institution requested the
victims’ addresses in order to locate them and implement the educational programs. Thus,
the State asked that the representatives provide updated information in the event that
these individuals have changed domicile, as well as in which areas they would like to receive
training.
29.
The representatives observed that no documentation has been presented that
reliably shows that Mr. Gómez Palomino’s family members are presently receiving
educational benefits from the State. Regarding access to the beneficiaries’ addresses, the
representatives maintained that the State “has failed to point out” that in the Ministry of
Education’s Official Letter No. 592-2010-ME-VMGI-OAAE, it is stated that “the data must be
submitted to the Ministry of Justice’s General Administration Office,” which “will be
corroborated with the information provided by the State” in Memorandum No. 5-9-P/116 of
July 3, 2009, “that attaches a copy of the beneficiaries’ identity cards where the addresses
appear.” Moreover, the representatives noted that they had not received any requests from
the State for this information. Notwithstanding the foregoing, the representatives remitted a
list containing the names of the beneficiaries, their addresses, the educational programs in
which they wish to participate, and, where appropriate, their desire to transfer the benefits
to their children, for whom they also included the relevant information. Regarding the cases
where it was requested that the benefit be passed-on, the representatives indicated that
“some [children] are still not old enough to go to school” and proceeded to request that the
State begin providing these benefits once they reach the appropriate age. For this purpose,
they provided the State with the dates of birth for each person. Lastly, the representatives
noted that the State provides a free educational service for primary and secondary school.
In order to comply with this obligation, the representatives requested that the State provide
other benefits that can be construed as a “full education grant,” such as study materials,
school uniforms, and exemption from paying fees to process study certificates, among
others.
30.
The Commission noted the State’s disposition and the information provided by the
representatives. It is awaiting the creation of mechanisms for efficient coordination and
cooperation “so as to implement, without delay, the relevant steps” to fulfill this reparation
measure.
31.
The Court finds that the State’s fulfillment of this obligation may depend to an
important degree on the cooperation and information provided by the representatives and
the beneficiaries. In this regard, it took note of the information provided by the
Goiburú et al. v. Paraguay. Monitoring Compliance with Judgment. Order of the Inter-American Court of Human
Rights of November 19, 2009, Considering Clause 41.