National Civil Construction Federation and of the Workers General Confederation of
Peru, and authorities of the Metropolitan Municipality of Lima and of the national
Government. According to the information provided by the State, “the selection of the
site and [the] characteristics of the bust were agreed on between Mr. Huilca’s next of
kin and the above-mentioned municipal authorities.” The State also indicated that
information on the ceremony was published in several newspapers. Consequently, it
asked the Court to find that this element of the Judgment had been complied with.
20.
The representatives indicated that, as mentioned in the State’s report, the bust
of Mr. Huilca Tecse was placed in Av. 28 de Julio in the Cercado District of Lima on
December 18, 2012, in a public ceremony presided by the Mayor of Lima, Susana
Villarán, attended by Mr. Huilca Tecse’s family and trade union authorities. Therefore,
they acknowledged “the efforts made by the Metropolitan Municipality of Lima on
behalf of the Peruvian State to comply with this element of the judgment.” However,
they noted that this compliance occurred with a delay of “eight years and after
numerous actions and follow-up by Mr. Huilca Tecse’s next of kin and their
representatives.”
21.
The Commission appreciated the efforts made by the State in consultation with
Mr. Huilca Tecse’s next of kin in order to comply with this measure. Consequently, it
considered that the State had complied with this measure of reparation.
22.
The Court has been able to observe, based on the available information, that
the ceremony in which the bust commemorating Pedro Huilca Tecse was unveiled – a
bust placed in the Plaza Víctor Raúl Haya de la Torre, on Av. 28 de Julio in the Cercado
District of Lima – was organized in consultation with the victim’s next of kin and took
place as follows: (a) in a public ceremony presided by the Mayor of Lima, Susana
Villarán; (b) in the presence of the victim’s next of kin, leaders of the National Civil
Construction Federation and the Workers General Confederation of Peru, and
authorities of the Metropolitan Municipality of Lima and of the national Government,
and (c) information on the ceremony was published in several newspapers. In this
regard, the Inter-American Court finds that the first operative paragraph,
subparagraph (f), of the Judgment has been fulfilled and assesses positively the
efforts made by the State to comply fully with this element of the Judgment.
e)
Obligation to provide psychological attention and treatment to
the next of kin of Pedro Huilca Tecse (first operative paragraph,
subparagraph (g), of the Judgment).
23.
The State advised that Martha Flores Gutiérrez, Indira Isabel Huilca Flores and
Julio César Escobar Flores are covered by the Comprehensive Health Insurance
Program (SIS), under the Law on Universal Health Insurance, and by the Essential
Health Insurance Plan (PEAS); also that Flor de María Huilca Gutiérrez is affiliated to
the ESSALUD health insurance system. In addition, it noted that José Carlos Huilca
Flores resides in La Havana, Cuba. The State indicated that, although the
Comprehensive Health Insurance Program (SIS) is designed to ensure health care to
the whole population, “the beneficiaries of supranational judgments have also been
included, owing to access, opportunity, quality and financing.” In particular, the
Essential Health Insurance Plan (PEAS) includes diagnosis, medication, and monitoring
of problems such as schizophrenia, anxiety, depression and alcoholism with auxiliary
tests and services, as well as treatment by psychiatrists and psychologists. If the
patient should require additional procedures, auxiliary tests, services and/or products
8