3
city of Concepción, where “he was not attended nor was he submitted to
any examination. He died the day after that trip in the seat of Santa
Elisa village–Sawhoyamaxa”;
b)
Aurelia Montanía, one year old, daughter of Maximina Galeano,
died in December 2006. She exhibited “symptoms of diarrhea. Did not
receive medical care”;
c)
Eulalio Yegros, four months old, son of María Teresa Acuña, died
in December 2006. He exhibited “pain in the chest and diarrhea. Did not
receive medical care”; and
d)
Rodrigo Marcial Dávalos, two years old, son of María Teresa
Acuña, died in December 2006. He exhibited “symptoms of diarrhea and
vomiting. Did not receive medical care.”
The representatives indicated that, in addition, the children who died did not have
“identification documents, meaning they did not have certificates of birth or death.”
The representatives added that on January 9, 2007 the organization Tierraviva,
which they are members of, “helped take five more children to the regional hospital
in Concepción,” and that in their opinion this could represent “a health situation that
is affecting more people in the [C]ommunity.”
With regard to operative paragraph ten of the judgment issued in the present case
(supra Having Seen 1), in the representatives’ opinion the State has not established
a communications system that enables victims to contact the competent health
authorities in case of emergency. “The three children died after the deadline for the
establishment of the communication system [ … ], which would have been used to
report the gravity of their situation.” Also, they stated that “the isolated delivery of
medication and the sporadic medical care [being received] makes no sense if the
members of the [C]ommunity are not submitted to a comprehensive analysis and
treated according to the findings of a health assessment.”
Finally, with regard to food provisions, they declared that, “although [food is]
provided on a regular basis, it falls very short of meeting the standards on quality
and quantity established in the judgment.”
4.
The note of the Secretariat dated January 15, 2007, through which, on the
instruction of the President of the Court, the State was given until January 22, 2007
to present its observations on the communication from the representatives. In
particular, it was requested to: report on the medical care provided to the persons
who died, if any such care had been provided; indicate if the persons who died had
birth certificates and if death certificates have been issued; provide the information
in the previous State’s report (supra Having Seen 2), and in general, describe the
measures it has taken to comply with the judgment.
5.
The briefs of the State of January 24 and 30, 2007, through which, after an
extension was granted, forwarded, inter alia, a report of the Public Health & Social
Welfare Ministry (Ministerio de Salud Pública y Bienestar Social), from which it
detaches:
a) that the State confirms the deaths of the four persons pointed out by the
representatives (supra Having seen 3),
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