8
Peru clarify whether its proposal is in addition to the publication it has already
carried out.
d) Obligation to provide psychological and medical treatment
25. Regarding the obligation to provide psychological and medical treatment to the
family members declared victims (operative paragraph thirteen of the Judgment),
the State reported that several meetings have been held with the representatives.
In those meetings, it was concluded that it is necessary to identify the
requirements of both families in order to send them to the Health Ministry.
Likewise, it indicated that “the names and addresses of the beneficiaries, as they
appear in the National Identity Registry (RENIEC in Spanish), were entered into the
Integrated Health System database.” It indicated that fourteen persons are
affiliated to the State insurer ESSALUD, and that “all those persons yet to request
their membership […] may receive medical and/or psychological treatment in the
nearest health facility within their jurisdiction. If they require more specialized care,
they can be referred to a more comprehensive facility.” It stated that “the health
system does not automatically grant benefits to its members. It is up to those
persons who are not affiliated to request membership."
26. The representatives indicated that the State had failed to provide information on
the measures taken in order for Brenda and Vanessa Cantoral [Contreras] to
continue to receive treatment at the Centro de Atención Psicosocial [Psychological
Treatment Center] (CAPS in Spanish) and that it had not provided information on
the membership in the Integrated Health Insurance (SIS) system for the widow
and children of Saúl Cantoral Huamaní, despite the fact that they provided the
State with information on their residence on various occasions. Likewise, they
indicated that the State provided family members of Consuelo García Santa Cruz,
and the siblings of Saúl Cantoral, insurance through ESSALUD and requested that
the Court monitor the health services provided by the State through ESSALUD.
They also indicated that “the State should take the necessary measures to ensure
that family members of victims that […] do not have health insurance receive
membership, benefits and medicine.”
27. The Commission took note of the information provided by the State, but noted that
it “does not indicate that Peru has fully complied with the obligation to provide
medical and psychological treatment to the victims [nor] that Pelagia Contreras,
Marco Antonio Cantoral, Vanessa Cantoral and Brenda Cantoral have health
insurance.” In addition, it reiterated that compliance with this obligation should be
provided immediately and without cost by the State as it is a means of mitigating
the physical and psychological harm suffered by the family members of the victims.
28. The Tribunal takes note of the measures taken by the State to comply with this
obligation. It also notes that in its previous Order the State was informed that it
should ensure the continuation of the psychological treatment being received by
Venessa and Brenda Cantoral Contreras under the same conditions in place at the
time the Judgment was passed down. This is due to the treatment’s particular
nature. In this regard, the Court still lacks the updated information necessary to
evaluate the level of compliance with this part of the Judgment in relation to the
beneficiaries. Therefore, the Court concludes that the State must take the