62 May 17, 1997, pursuant to Article 30, subparagraph b) of its Regulations, approved by Supreme Decree No. 009-97-SA of September 9, 1997, establishes that “pensioners who receive a pension for dismissal, retirement, incapacity or survival, under any lawful regime to which they are subject, are insured as regular members under the contributory system of the social health insurance system.” Also, Article 6 of the regulations establishes that contributions for affiliation to the social health insurance system are paid monthly and that the contribution for pensioners is 4% of their pension, for which pensioners are responsible; the employer, the ONP or the Administrator of Pension Funds AFP, is responsible for the affiliation, retention, declaration and payment of the contribution in the month after the relevant pension is paid or made available, whether provisional or final. In turn, Article 35 of the Regulations establishes that pensioners have the right to coverage under EsSalud, without a waiting period, from the date on which they become pensioners, provided that they are recognized as such by the entity that pays their pension, and maintain that status if they have complied with the corresponding contributions.232 236. Consequently, taking into account the victim’s current state of vulnerability, and based on the information provided by the State to this Court on the re-establishment of his health care coverage through the EsSalud social insurance system, the State must maintain that coverage without interruption, as established in the relevant domestic legislation. The Court considers it pertinent to emphasize that said affiliation may not be limited with regard to any pre-existing conditions affecting Mr. Muelle Flores. The State must pay Mr. Muelle Flores’ social security contributions and may deduct the legal amount corresponding to the provisional payment ordered (supra para. 233). C. Measures of satisfaction a) Publication of the Judgment 237. The representatives asked the Court to order to the State to publish an “executive summary” of the Judgment in the Official Gazette, and in a major newspaper with wide national circulation, together with the full text of the Judgment on an official government website, in a manner accessible to the public from the homepage of the website. The State indicated that it would make the respective publications if the Court so required this in its Judgment. 238. The Commission did not submit any specific arguments on this point. 239. As it has done in other cases,233 the Court orders the State to publish, within six months of notification of this Judgment: a) the official summary of this Judgment prepared by the Court, once, in the Official Gazette in a legible and adequate font size; b) the official summary of this Judgment prepared by the Court, once, in a newspaper with wide national circulation in a legible and adequate font size, and c) this Judgment, in full, available for one year, on an official website of the State, in a manner easily accessible to the public from its homepage. 240. The State must immediately notify this Court once it proceeds to make each of the publications ordered, notwithstanding the one-year period allowed for the submission of its first report as ordered in operative paragraph twelve of the Judgment. D. Other measures requested 241. The Commission asked the Court to order the State to adopt legislation or other measures necessary to prevent the repetition of the violations declared in its merits report. In this regard, it 232 Cf. Brief of the State containing helpful evidence of December 11, 2018 (merits file, folio 1000). Cf. Case of Cantoral Benavides v. Peru, supra, para. 79, and Case of Alvarado Espinoza et al. v. Mexico. Merits, reparations and costs Judgment of November 28, 2018. Series C No. 370, para. 313. 233

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