7
psychological and medical treatment to Gladys Benavides-López, including the improper
way she was treated, the lack of special care according to her needs, the State’s failure to
reimburse the expenses incurred in order to obtain the required medicines and the provision
of the such medicines in the future.”
14.
That the Court considers that the State has not adopted any concrete measures nor
shown to have made any progress regarding compliance with this reparation measure and
notes the importance of providing psychological and medical treatment in due time and
manner. In this regard, it urges the State to adopt forthwith all such measures as may be
necessary to provide, for free, Ms. Benavides with the health treatment required according
to her needs, including the provision of the required medicines. In this regard, with a view
to fully complying with this measure, the Court reiterates that it is necessary that the
psychological and medical treatment be immediately, fully, and effectively provided, as
agreed upon together with the victim. In order to monitor compliance with this obligation, it
is necessary that the State submit detailed and up-to-date information thereon.
*
*
*
15.
That regarding the obligation to conduct an investigation and, if applicable, punish
those responsible for the violations committed against Luis Alberto Cantoral-Benavides
(ninth operative paragraph of the Judgment on reparations), the State pointed out that “the
necessary steps have been coordinated with the Office of the Public Prosecutor in order to
obtain a detailed report thereon, which will be informed […] as soon as such report has
bee[n] received.”
16.
That the representatives pointed out that the First Supraprovincial Public Prosecutor’s
Office of Lima [Primera Fiscalía Supraprovincial de Lima] was still in the process of taking
statements and that the only persons who had not given testimony were Mr. CantoralBenavides, who resides in Sao Paulo, and Mr. Guzmán-Casas, who resides in Santiago,
Chile, which makes it difficult to take their testimony. Later on, they alleged that the Public
Prosecutor’s Office in charge of the investigation in April 2009 informed that progress had
been made in the investigation and that “the only step that was still pending was the
medical examination of Luis Alberto Cantoral, after which it would deem the investigation to
be completed and would determine whether there was sufficient merits to start a criminal
proceeding.” Furthermore, they reiterated to the Public Prosecutor Office that conducting
such examination in the city of São Paulo is quite difficult and pointed out that after over a
year since the last Court’s order was issued, the State “has not adopted any measures to
solve this situation,” even though in May this year the Public Prosecutor’s Office pointed out
that “the statements would be taken and the examination conducted” through the pertinent
international steps. They further pointed out that after reading the records they noted that
“there is plenty of evidence regarding both the commission of the crime and its
perpetrators,” but the investigation is still in its preliminary stage fifteen years after the
events of the instant case occurred and the State has not started criminal proceedings
against the alleged perpetrators. Therefore, they considered that the proceedings to monitor
compliance with this measure should be kept open.
17.
That the Commission pointed out that the State must inform on “the measures
adopted to comply with its duty to conduct an investigation on its own motion regarding the
violations committed against the victim, including the necessary steps so that the
evidentiary procedures requiring the participation of Mr. Benavides be adopted in São Paulo,
Brazil, where he resides at present.”