6
obligation pending fulfillment. Thus, the Commission deemed it necessary that the State
submit information on “the measures adopted to make full payment of the education and
living expenses incurred by Mr. Cantoral-Benavides in 2007, 2008, and 2009.”
9.
That notwithstanding the failure of the State to submit information, the Court
appreciates the State’s willingness to pay education and living expenses corresponding to
the 2007 and 2008 academic years. However, it notes that payment of the expenses
incurred in 2009 is still pending. Furthermore, it notes that the sums due were not paid in
the manner and within the terms agreed upon by the parties regarding the three abovementioned academic years, which is why, as they were not made in due time, default
interests are applicable on all overdue payments, under the terms of paragraph 97 of the
Judgment.
10.
That the Court is aware of the various steps, procedures and administrative actions
that may be necessary at the domestic level so that the payments ordered in the Judgment
may be made in due time and manner, as well as of the inconveniences that this may
cause. Notwithstanding, this should not be a hindrance to fully complying with this
obligation. In this regard, and given the importance this reparation measure has for the life
project of Mr. Cantoral-Benavides, the Court urges the State to make payment of the
difference which is pending regarding the 2007 and 2008 academic years, and if applicable,
of the interests on all overdue payments, as well as to pay all pending and actual expenses
for the 2009 academic year and the default interests applicable as a result of its failure to
make payment thereof in due time, taking into consideration the date agreed upon by the
parties and the date on which such payment will actually be made.
*
*
*
11.
That regarding the psychological and medical treatment to be provided to Gladys
Benavides-López (eighth operative paragraph of the Judgment on reparations), the State
pointed out that “Ms. Benavides is the holder of a card granted by the Health Integral
System [Sistema Integral de Salud, SIS] which has entitled her to receive treatment,” but
“as this is a continuous obligation, steps have been taken before the Ministry of Health in
order to obtain up-to-date and detailed information in that regard.”
12.
That the representatives observed that this information “has not been supported and
is not consistent with the previous information they submitted” with regard to the difficulties
Ms. Benavides encountered in becoming a beneficiary of the Health Integral System (SIS),
which she finally achieved on September 7, 2009. Notwithstanding, said system does
neither cover diseases such as arthritis, rheumatism, or osteoporosis, which are the
ailments affecting Ms. Benavides, nor the medicines she requires, which are not in stock,
wherefore she must buy them from private pharmacies. Furthermore, they pointed out that
whenever Ms. Benavides has an appointment with the doctor, she has to take the same
steps again as if she were enrolling in the system. Therefore, they argued that even if the
administrative hindrances she has encountered in order to obtain assistance from the SIS
were eliminated, “she would not be receiving the medical attention she requires.” Even
more so, the behavior of the State is contrary to the provisions of Order of February 7,
2008, as it is neither providing the medical treatment required according to her health
problems, nor the medicines she needs or the reimbursement of the expenses incurred
and/or to be incurred in order to obtain such medicines. In sum, according to the
representatives, the State has failed to comply with this reparation measure.
13.
That the Commission considered that the State must submit information on “the
measures adopted in order to overcome the difficulties regarding its obligation to provide