8
has “universal insurance and a healthcare system that is beginning to be used by extremely
poor sectors of society.” Finally, the State noted that the beneficiaries “have their
healthcare guaranteed in accordance with applicable laws and they may receive whatever
medical care they require in their local facility, and in the event they require specialized
care, they may be referred to another, more sophisticated establishment.”
22.
The representatives stated that Victoria Margarita Palomino, Margarita Palomino
Buitrón, Mónica Palomino Buitrón, Emiliano Daniel Palomino Buitrón, Ana María Gómez
Guevara, and Rodrigo Esteban Palomino Buitrón are members of the SIS at the heath clinic
San Genaro de Villa; María Dolores Gómez Palomino is affiliated with ESSALUD (Social
Security Health Insurance); Luzmila Sotelo Palomino receives health benefits from the
Peruvian National Police, and, Rosa Palomino Buitrón is not presently a member of the SIS.
Regarding the latter beneficiary, the representatives provided the name of the health clinic
nearest her home. They also expressed their concern over the treatment received by
Victoria Margarita Palomino Buitrón, who while “conversing with social welfare [was asked]
questions as to whether [her] son was a terrorist.” Accordingly, the representatives deemed
it important that “the State officials responsible for health benefits take responsibility for
their work, bearing in mind that often the stigma that weighs on the victims creates new
violations of their rights.” On the other hand, the representatives maintained that mere
membership with the SIS does not guarantee the provision of comprehensive health
benefits that cover all the care or medicines required. The representatives stated that “the
difficulties with the care distort the aims of the reparation measure.” Similarly, they
mentioned the Office of the Ombudsman’s ongoing oversight of health-related reparation
measures within the framework of the State’s policy on the matter.10 In this respect, the
representatives requested that “benefits be provided via an insurance system other than the
SIS in order to fully comply with the goals of this obligation.”
23.
The Commission expressed its concern that the SIS insurance “does not cover or
comply with the minimum standards necessary to treat the physical and mental health of
the victims, [or] the family members of victims, of human rights violations.” Thus, the
Commission supports the exploration of other alternatives to overcome these shortcomings.
It also noted that Ms. Rosa Palomino Buitrón “still continues without health insurance.”
Furthermore, it indicated that “no information has been presented regarding the delivery
and quality of medical treatment that the beneficiaries are receiving.” In this regard, the
Commission continues to await detailed and updated information from the State to
determine whether the medical treatment the victims receive is appropriate for their needs.
24.
The Court takes note of the information provided by the parties regarding the fact
that the beneficiaries of this reparation measure are already members of a health care
plan,11 except Ms. Rosa Palomino Buitrón. In this regard, the Court stresses that compliance
with this reparation is not achieved merely by registering all family members of the victim
10
According to the representatives, the Office of the Ombudsman “[has] confirmed the difficulties and
limitation sconcerning the benefits that this insurance provides,” with regard to the “processing of beneficiaries’
enrollment, the minimum coverage that this insurance offers, and the unfamiliarity of the medical and technical
staff with the SIS’s restorative nature.” The representatives also stated the Ombudsman’s contention that “these
limitations are because the insurance policy was originally conceived to give priority to poor populations, and it was
not designed according to the particular demands and requirements of the persons that have suffered serious
human rights violations.” Therefore, “it cannot be said that mere membership satisfies the aims of the reparation
measure with regard to health.”
11
As well the persons refered to by the representative, the Court notes that regarding Ms. Esmila Liliana
Conislla Cárdenas, the State presented a “membership card” on September 28, 2009 in which it states that this
beneficiary is a member of the SIS and that the “health facility in which [...] she [will] receive regular care [is]
Santa Teresa de Chorrillo.”