61 international obligation requires, whenever possible, full restitution (restitutio in integrum), which consists of the restoration of the previous situation. In this regard, although the Court positively assesses the State’s willingness to fulfill its pension obligations with respect to Mr. Muelle Flores, it notes that more than 25 years have elapsed since the final judgment of February 2, 1993, and 19 years since the Judgment of December 10, 1999, were issued, and yet still these rulings have not been complied with or executed. Accordingly, this Court declares that the State of Peru is responsible for the violation of Articles 8(1), 25(1) and 25(2)(c) of the Convention, as well as of Articles 26, 5(1), 11(1), 21(1) and 21(2) thereof, to the detriment of Oscar Muelle Flores. 231. Nevertheless, the Court considers very positive the decision of the State to re-establish, provisionally, Mr. Muelle Flores’ pension, and to restore his access to the medical care provided by Peru’s social security system. This decision was adopted ex officio by the State, in order to guarantee the victim access to a better quality of life, which denotes a positive attitude on the part of the Peruvian State, in compliance with its international obligations under the American Convention. 232. Given that the State indicated that the measures adopted are provisional until this Court delivers the corresponding Judgment, and until it has been notified thereof, it must comply with the judgments delivered in favor of the victim and ensure the effective payment of Mr. Oscar Muelle Flores’ pension under the terms of Decree Law No. 20530 and pursuant to current regulations on this matter,230 within six months of notification of this Judgment. Accordingly, the judicial authorities must implement any measures deemed necessary in the event of non-compliance by the entity responsible for paying Mr. Muelle Flores’ pension. The Court emphasizes that, according to the information provided by the State in the contentious-administrative proceeding, the entity responsible for the administration and payment of pensions under Decree Law No. 20530 is the Ministry of Economy and Finance. The amounts due for the pensions owed to Mr. Muelle Flores from February 1991, the date on which his pension payments were suspended, and until the notification of this Judgment, will be analyzed in the section on pecuniary damage. 233. The Court also notes that Mr. Oscar Muelle Flores is of an advanced age and suffers from several physical ailments resulting from the deterioration of his health, including Alzheimer’s disease (supra para. 52) and has had to rely on his family for financial support to be able to survive and pay for his health treatment. Although the State re-established a provisional pension of S/800 in favor of the victim, the Court orders, in equity, that after notification of this Judgment, and until such time as compliance is achieved with the final domestic judgments, and the amount of the Mr. Muelle Flores’ pension has been calculated, taking into consideration the criteria of adequate level established by this Court (supra para. 187), together with the amounts claimed by the representatives, the State must grant a provisional pension of no less than two minimum salaries in Peru to cover the victim’s basic needs for a decent life. Also, the Court orders in equity that, although the State must calculate the amount of pension due to Mr. Muelle Flores, said amount must not be less than two minimum salaries in Peru. 234. The Court further notes that, with the cessation of the pension payments and the suspension of the aforementioned pension scheme, Mr. Muelle Flores found it impossible to contribute to the corresponding social health insurance system, so that he could have access to the public health system on the same terms as the beneficiaries of Decree Law No. 20530. The health scheme to which he was entitled was the one provided by the social health insurance system, EsSalud, through a contributory system that offers a full coverage plan.231 235. In fact, Article 3 of Law Nº 26790 “Law for the Modernization of Social Health Insurance” of 230 Including Law Nº 28449, Law on the New Rules of the Decree Law Nº 20530 Pension Regime (supra para. 104). 231 Cf. Brief of the State containing helpful evidence of December 11, 2018 (merits file, folio 1001).

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