to those established in the Essential Plan, additional financing to that established, or
care for problems not included in this Plan, the health care establishment that attends
the patient can request authorization for special coverage. Thus, the beneficiaries in
the Huilca Tecse case are able to access psychological and psychiatric treatment
financed by the Comprehensive Health Insurance Program. The State clarified that,
initially, it sought to treat each beneficiary in the health care center closest to their
domicile and, subsequently, based on the possibilities and shortages of the primary
health care center, they could be referred to establishments with a greater capacity to
treat them. The State reiterated that this procedure “functions for centers specialized
in mental health care, where it is possible to take advantage of the appropriate
interventions and services for each specific case.” The State also indicated that it
“offers a program of specialized psychological treatment for the next of kin of Mr.
Huilca Tecse.” Subsequently, it advised that the Supranational Special Public Attorney
of the Ministry of Justice and Human Rights had held coordination meetings with
Martha Flores and the lawyer who represents her in the domestic sphere, in order to
explain to her the scope of the Comprehensive Health Insurance Program (SIS). By
telephone, Ms. Flores had indicated that she had made an appointment with the health
care center nearest to her home and had no difficulty in receiving treatment, so that
she would use this service. Lastly, the State indicated that it had reiterated to the
beneficiaries in this case that, if they encountered any bureaucratic and/or
administrative difficulties, they should contact the Supranational Special Public
Attorney of the Ministry of Justice and Human Rights in order to overcome any
problems that might arise in each case. Therefore, it asked the Court to consider that
this measure had been complied with partially.
24.
The representatives indicated that they had not been informed of the meetings
held to re-evaluate the medical situation of some of the victim’s next of kin, which had
“never taken place.” Subsequently, they acknowledged “the efforts made by the
Peruvian State to improve the services of the health care program.” They indicated
that, as the State had indicated in its report, “Martha Flores had no difficulty in
receiving attention when she approached a health center.” However, they asked the
Court to continue monitoring this measure in order “to avoid bureaucratic and/or
administrative difficulties interfering with the medical care, which would prevent
continuing compliance with this measures.”
25.
First, the Commission indicated that the information provided by the State
“continue[d] to be limited, by merely referring to the different types of health
insurance to which the next of in would have access.” Then, the Commission observed
that, in different cases against Peru, it had reiterated that it was not possible to
consider that the State had complied with the obligation to provide medical and
psychological treatment to all the victims merely be enrolling them in the
Comprehensive Health Insurance Program (SIS). However, it took note of what the
representatives had indicated as regards the improvements in the health care
program. Based on the foregoing, the Commission considered that, before finding that
this element of the Judgment had been fulfilled, the State should forward sufficient
information on the services provided in order to verify that the health care measures
that it has implemented are differentiated, individualized, preferential, comprehensive,
and provided by specialized institutions and personnel.
26.
The Court takes note of the information provided by the parties that the
victims, beneficiaries of this measure of reparation, are affiliated to the
Comprehensive Health Care System (SIS), with the exception of Flor de María Huilca
Gutiérrez who is affiliated to ESSALUD. In addition, the Court notes that Martha Flores
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