9
costs and expenses, the Commission appreciates the efforts made by the
Peruvian State to comply with these obligations.
c)
in regards to the duty to provide medical and psychological care to the
victim through the State’s health services, including the provision of free
medication:
i.
the Commission expresses concern over the fact that the State
failed to provide information in this regard. The State has not fulfilled its
obligation to report to the Court on the measures ordered, compliance
with which is at issue here, and
ii.
the information submitted by the representative indicates that Ms.
De La Cruz Flores receives some sort of medical care; however, such
medical care is not the result of measures taken by the State, in
connection with the instant case, to provide medical care and free
medication.
d)
in regards to the obligation to reinstate Ms. De La Cruz Flores to the job
she was performing as a medical professional in public institutions at the time of
her detention, the Commission appreciates that the Peruvian State has, through
ESSALUD, reinstated Dr. De La Cruz Flores to the practice of medicine.
e)
in regards to the duty to provide Ms. De La Cruz Flores with a grant for
training and professional development, the Commission expresses concern over
the fact that the State failed to provide any information. Based on the
information available at this time, the State has not complied with this
obligation; therefore, it has failed to comply with its duty to report to the Court
on the measures adopted in this regard.
f)
in regards to the duty to re-enter Ms. De La Cruz Flores in the relevant
retirement register, the Commission expressed concern over the fact that the
State failed to provide information. Based on the information available at this
time, the State has not complied with this obligation; therefore, it has failed to
comply with its duty to report to the Court on the measures adopted in this
regard.
g)
in regards to the obligation to publish the section entitled “Proven Facts”
as well as operative paragraphs 1 to 3 of the declaratory part of the Judgment
in the Official Gazette and in another daily newspaper with national circulation,
the Commission appreciates the State’s partial compliance with this reparation
by having published the relevant sections in El Comercio newspaper on
December 30, 2005.
CONSIDERING:
1.
That monitoring compliance with its decisions is a power inherent in the judicial
functions of the Court.
2.
That Peru has been a State Party to the American Convention since July 28,
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