43
he submitted requests to the authorities regarding payment of his pension (supra, para. 82). In any
case, the Court considers that the procedural momentum to achieve compliance with a human right
(social security) pursuant to a judicial order, which is also recognized in the Peruvian Constitution,
cannot rely entirely on the victim, since the State is obligated to guarantee that right. Thus, there
was an excessive prolongation of the execution process and periods of inactivity by the authorities.
162. As to the effects on the legal situation of the person involved in the proceedings, this Court has
established that if the passage of time has a significant impact on an individual’s legal situation, the
proceedings must move forward with greater diligence so that the case is decided promptly.171 Given
that this case concerns the right of an older person with a hearing impairment to social security, a
benefit associated with income substitution and nutrition, the Court considers that exceptional due
diligence was required.
163. In the instant case, the Court deems it pertinent to recall that the applications for amparo filed
by the alleged victim involved various aspects of his right to social security, and the correlative access
to health care services, based on monthly deductions from his pension, which entitled him to social
health insurance with EsSalud.172 This aspect is of the utmost importance, given that the victim is 82
years old, which places him in an even greater situation of vulnerability and implies a reinforced
obligation to respect and guarantee his rights. In fact, Mr. Muelle Flores stopped receiving his pension
from 1991 (although he did receive some partial payments) pursuant to the laws in force at the time.
In other words, despite having acquired the right to a pension in September 1990, which would have
provided him with sufficient means to live with dignity and to cover his health care expenses, Mr.
Muelle Flores was unable to enjoy this right, but instead had to seek financial help from his family173
and take certain occasional jobs for as long as his health allowed, in order to survive.
164. In addition, the victim has suffered various ailments, which have worsened over time, such as
the development of severe hypoacusia with total loss of hearing in one ear and a significant decrease
in hearing in the other, Alzheimer’s syndrome and a fractured femur (supra para. 52), given that he
was unable to access the public health system as a direct consequence of the failure to execute the
judicial decisions in his favor.
165. In this regard, it is important to emphasize that since the judgments were handed down in
1993 and 1999, more than 26 and 19 years have elapsed, respectively. For a person of advanced
age who lacks financial resources, this state of affairs has had an impact on his legal situation.
Bearing in mind the foregoing, the Court considers that it has been sufficiently proven that the undue
prolongation of the judgment execution process in this case has had a significant and direct impact
on Mr. Muelle Flores’ legal situation, given that the delay in complying with the judicial decisions
affected the course of his life after his retirement.
166. Having analyzed the four elements to determine the issue of reasonable time in this case, the
Court finds that the judicial authorities exceeded a reasonable time in the process to execute the
judgments, in violation of the right to judicial guarantees established in Article 8(1) of the American
Convention, in relation to Article 1(1) thereof, to the detriment of Oscar Muelle Flores.
171
Cf. Case of Valle Jaramillo et al. v. Colombia. Merits, reparations and costs. Judgment of November 27, 2008. Series
C No. 192, para.155, and Case of Women Victims of Sexual Torture in Atenco v. Mexico, supra, para.308.
172
173
Cf. Brief of the State containing helpful evidence, December 11, 2018 (evidence file, folio 1833).
Cf. Affidavit rendered by Vibeke Ann Muelle Jensen on August 22, 2018 (evidence file, folio 1840), and affidavit
rendered by Jesús Aníbal Delgado Flores on August 22, 2018 (evidence file, folios 1841 to 1842).