22.
The Peruvian State reported that the victim is affiliated to the social security
system (ESSALUD) “[a]s a beneficiary of Mr. Aníbal Apari Sánchez […] with the right to
active and current care, with regular contributions since 2005, and therefore may receive
all benefits (social, health, and economic) that this institution offers those insured.” The
State noted that affiliation to this insurance “allows [Mrs. Berenson] access to all health
services, both simple and complex, as required.” Moreover, it stated that “Mrs. Lori
Berenson cannot be affiliated to nor assisted by the SIS coverage -Seguro Integral de
Salud [Comprehensive Health Insurance]- because she has social security.”
23.
In the communications of September 18, 2008, and October 16, 2009, the
representative recognized that “the Peruvian State has done everything that is necessary
regarding the health of Mrs. Lori Berenson.” Nevertheless, he emphasized that the victim
covered some expenses related to her medical treatment. The representative did not
present any information or observations on this measure of reparation after the year
2009.
24.
The Commission indicated that “the victim is satisfied with the medical care that
she [has] received from the private insurance paid for by her family, as the care has
been timely and specialized.” However, it considered that “since a considerable period of
time has passed [it would be] important for the representatives to present their current
observations on this matter.”
ii) Considerations of the Court
25.
The Court recalls that in the Judgment on the merits of this case, it noted that the
compensation for non-pecuniary damage “should include the need for psychological and
medical treatment” and considered pertinent that “the State […] offer [the victim]
adequate and specialized medical care.” 25
26.
The Court has confirmed that the medical care provided to the victim is based on
Mr. Aníbal Apari Sánchez’ affiliation to the social security system (supra Considering
para. 22). Nevertheless, the Court notes that Mrs. Berenson’s representative has not
presented recent and up-to-date information regarding the treatment of the physical,
psychological, and emotional ailments suffered by the victim. Nor has the representative
reported any factor that might hinder the provision of effective medical care to the
victim. On the contrary, in previous communications, the representative stated that the
victim is satisfied with the medical care she is receiving care through a private insurer to
which she is affiliated (supra Considering para. 23).
27.
Bearing in mind that no information has been presented on this matter in the last
three years, and that there has been no dispute between the parties, the Court proceeds
to conclude the monitoring of compliance with this measure of reparation.
C)
Regarding the obligation to adapt the detention conditions in the
Yanamayo Prison to international standards and transfer any other prisoners
who cannot be confined at the altitude of that prison, owing to their health
(Operative paragraph 6 of the Judgment).
i)
Information presented by the parties
25
Cf. Case of Lori Berenson-Mejía V. Peru. Merits, Reparations and Costs. Judgment of November 25,
2004. Series C No. 119, para. 238.
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