8
Institute] was requested to collaborate in order to take the necessary actions to provide
Mrs. Guadalupe Yllaconza with the appropriate treatment”; b) the representative of the
Ministry of Health before the Human Rights National Council was requested to cooperate
and coordinate with the [SIS] to provide medical assistance to Mrs. Yllaconza" and c) "the
Director of [SIS] stated that, even though Mrs. Yllaconza was not affiliated to the
[institute], she was registered, treated on August 14, 2007 at the Health Center of
Vilcashuamán and diagnosed with severe gastritis”.
29.
In relation to this obligation, the representatives expressed that “even though the
State has taken the necessary steps to affiliate the next-of-kin of Bernabé Baldeón to the
[SIS], this obligation must be subjected to permanent follow-up in order to guarantee the
provision of medical assistance[,] as well as the medicines that the next-of-kin of Bernabé
Baldeón García so require […]”. Moreover, they stated that initially the next-of-kin of
Bernabé Baldeón had certain difficulties in receiving medical assistance, in view of the fact
that “the moment they were informed about their affiliation to SIS, they appeared before
the health centers corresponding to their domicile[s], where they were told that the
benefits granted to them were not recognized". Furthermore, the representatives
emphasized the case of Mrs. Guadalupe Yllconza and requested the Court to order the
"State to comply with the obligation to provide the appropriate medical treatment including,
if necessary the surgery that she may need, according to the doctors’ opinion, as well as
the payment of all the costs of medical assistance resulting from that surgery”, since part of
the medical treatments and medicines she requires “are beyond the coverage provided for
by SIS".
30.
That as to the provision of medical and psychological treatment, free of charge, the
Commission pointed out that “these measures of rehabilitation must be immediately and
inevitably complied with considering the nature of the damage sustained by the victims'
next-of-kin and their permanent physical and psychological consequences".
31.
That the Court notes and values that the State has adopted certain measures tending
to the compliance with this obligation; particularly regarding the affiliation of the next-of-kin
of Mr. Baldeón-García to the SIS. The foregoing constitutes a partial compliance with the
order established in operative paragraph twelve of the Judgment. Besides, it spring from
the information presented by the parties that some of the treatments and medicines
required by Mrs. Guadalupe Yllconza Ramírez de Baldeón are not being covered by said SIS
(supra Considering clause 29). In such regard, the Court notes that, according to operative
paragraph twelve, interpreted in view of paragraph 207 of the Judgment, the psychological
and medical treatment that the next-of-kin of Mr. Baldeón-García receive “shall include […],
any necessary medication”.16 Therefore, the Court reminds the State its obligation to
provide such medicines, as long as the suffering sustained by the next of kin of Mr.
Baldeón-García mentioned in the Judgment “derived from the violations analyzed in […]
judgment”17 by the Court. The State must inform on the measures adopted to such end.
*
*
*
32.
That regarding the obligation to pay to Guadalupe Yllaconza-Ramírez de Baldeón;
Crispín, Roberto, Segundina, Miguelita, Perseveranda, Vicente, Sabina and Fidela, all
16
Cf. Case of Baldeón García, supra nota 6, para. 207.
17
Cf. Case of Baldeón García, supra nota 6, para. 206.