B. Obligation to provide Wilson García Asto and Urcesino Ramírez Rojas with the
opportunity for training and professional development through study grants (twelfth
operative paragraph of the judgment)
Arguments of the parties and of the Commission
12.
The State noted that on January 6, 2012, it had requested the Ministry of
Education to provide information "about all measures adopted or underway, in order to
comply with the reparations that were ordered and a response is pending” by the
Ministry. In its latest report, the State declared that “it has been handling the specific
requests of [Mr.] Wilson García Asto in the Education Sector[, and will thus] inform the
Court once it has obtained documentation in this regard.” Regarding Mr. Ramírez
Rojas, the State did not provide information.
13.
The representatives noted with respect to Mr. García Asto that, although he has
almost completed his professional studies in Systems Engineering, “in order to obtain
his professional title as Systems Engineer, he must submit a certificate or proof of
having passed a foreign language course in the general curriculum issued by the
Language Center of the University of Callao – CIUNAC,” but this center refused to
accept the request for exemption made by Mr. García Asto. They added that “in the
last four years, the State did not carry out any procedures regarding the scholarship
grant for Mr. Wilson García Asto that would allow him to finish his studies in Systems
Engineering and obtain the title of Systems Engineer.” Moreover, the representatives
reported that agents of the Office of Scholarships and Student Loans (OBEC for its
acronym in Spanish) contacted Mr. García Asto to solve “issues in the education
sector.” In this regard, the victim told them of his interest in taking a master's course
in information technology and taking the foreign language course he needed. In
response, he was informed that his request would be made to the competent
authorities and that he would be contacted as soon as possible, which as reported by
representatives, had not yet occurred at the time of the State’s last brief.
14.
In its last brief, the representatives indicated that on January 24, 2013, Mr.
García Asto provided a copy of his High school degree diploma with the Program
Scholarships 18 and Projoven Program, so that he could be provided a list of
scholarships for the English course needed to get his degree but, as reported, he has
not been provided with this information. The representatives concluded that “the State
has failed to grant Mr. García Asto the scholarship to improve upon his professional
undergraduate training.” In regard to Mr. Urcesino Ramírez Rojas, the representatives
reported that he has not received a response from the State regarding his requests
through the Ministry of Education and that the State’s brief does not include
information on that measure.
15.
The Commission expressed concern at the lack of updated information from the
State and said that “the recent approach regarding Mr. García Asto [...] has not been
translated into concrete progress.” In its latest report, the Commission reiterated its
concern over the lack of concrete progress on this matter pending compliance and
believed that the State should provide detailed information on the measures it has
taken for granting scholarships to victims as soon as possible.
Considerations of the Court
5