65
accessing the social health insurance to which he was entitled as a pensioner. Although the State
argued that Mr. Muelle Flores could have had access to Comprehensive Health Insurance (SIS),237
the State itself acknowledged that coverage under this insurance scheme was different to the one he
was entitled to as a pensioner, and that EsSalud provided full insurance coverage. Furthermore, the
Court notes that the SIS was created in 2002. The Court considers that the insurance to which Mr.
Muelle Flores was entitled was that provided by social security through EsSalud. The victim was
unable to benefit from this system owing to the failure to pay his pension, which meant that he had
to pay for his health costs out of his own pocket.
251. The representatives presented receipts for certain medical expenses related to the victim’s
hearing disability, as well as for diagnostic and medical expenses 238 for a hip fracture and for his
Alzheimer’s syndrome. They added that, given the time elapsed, it was impossible to attach previous
receipts and to calculate the total amount disbursed by the victim for health expenses. Consequently,
although the amount accounted for in the file before this Court refers to the most recent health
expenses incurred by Mr. Muelle Flores, totaling S/8,626.41 new soles, or approximately
US$2,590.00 (two thousand five hundred and ninety United States dollars), the Court presumes that
Mr. Muelle Flores incurred additional expenses derived from the human rights violations committed
by the State in this case. Therefore, the Court considers it reasonable to order payment of US$
10,000.00 (ten thousand United States dollars), for consequential damages, which must be paid to
Mr. Muelle Flores within six months of notification of this Judgment. The Court considers that the
request for the inclusion of the victim’s future expenses is covered under the measure of restitution
of rights ordered.
b) Loss of income
252. The Commission asked the Court to order payment of the pensions owed to Mr. Muelle Flores
from the moment of his retirement until the date on which said payment is made effective.
253. The representatives requested that Mr. Muelle Flores’ pension be paid retroactively, with the
appropriate monetary adjustments and the corresponding interest on arrears, from the date of its
arbitrary suspension in February 1991, until the full amount of the pension owed is effectively paid,
respecting equalization and applying the most favorable terms for the pensioner. In their brief of
January 9, 2019, and in relation to the measures adopted by the State described infra, the
representatives disputed the amount calculated by the State (S/1,337.61 new soles) as equalized
remuneration, and pointed out that this amount did not correspond to the salary earned by a public
servant of the rank of Mr. Muelle Flores. In addition - and only in the event that the amount of the
equalized pension is determined to be S/1,337.61 new soles - they requested that this be paid from
the time that Mr. Muelle stopped receiving his pension, that is, from February 1991, and that it
contemplate the relevant monetary correction (adjustment for currency devaluation), plus the
interest on arrears and other interest accrued since the unlawful suspension of his pension. Likewise,
the representatives expressed their disagreement with the retroactive deduction of S/6,563.93 new
soles, related to the 4% deduction for contributions to EsSalud, during the period from 1991 to 2018,
when the victim did not have access to public health services.
254. The State indicated that a number of partial payments were made between 1999 and 2001
and that these should be taken into account when analyzing the financial reparations. In its brief of
237
The Seguro Integral de Salud (SIS) or Comprehensive Health Insurance, is Peru’s universal public health care system,
created to protect the health of Peruvians who do not have health insurance. It prioritizes vulnerable populations living in
poverty and extreme poverty. Cf. Ministry of Health Law Nº 27657, creation of the Seguro Integral de Salud (SIS) as a
decentralized public institution under the Ministry of Health, and subsequently classified as a Public Executive Organization
through Supreme Decree Nº 034-2008-PCM (merits file, folio 1001).
238
Cf. Physical health vouchers (evidence file, folios 1877 to 1888).