and complete information in its next report and that it specifically reference the assertions
made by the common intervener that supposedly the remains of the victim Santos Genaro
Zavaleta 44 have not been delivered to the next of kin, and that it explain in more detail if
there are victims in this case or others killed in the events that occurred in the Castro Castro
Prison that are buried in the jurisdiction of the Municipality of Lurigancho, and the place
where their remains are located. 45
D. Provide medical and psychological treatment to the victims and their family
members (operative paragraphs 13 and 14 of the Judgment)
D.1) Measure ordered by the Court
40.
Based on the provisions of operative paragraphs 13 and 14 and paragraphs 448, 449,
450 and 461 of the Judgment, the Court decided that the State “must offer, without cost
and through it specialized health institutions, the medical and psychological treatment
required by the victims and their next of kin, including any medication required by them,
taking into consideration the sufferings of each of them after an individual evaluation.” In
this respect, it was established in the Judgment that “it must be offered immediately to
those who have been identified, and as of the moment in which the State identifies them in
those cases in which they have not been currently identified, and for the necessary period of
time.” 46 It also decided that Peru "must pay, within 18 months the amount [of US $5,000.00
(five thousand dollars of the United States of America)]" to “the victims that prove they
reside abroad and, before the competent domestic bodies, that due to the facts of the
present case they need to receive an adequate medical or psychological treatment.” In this
regard, the judgment said “the State must let them prove from their country of residence
their physical and mental condition through objective and reliable means, such as medical
certificates authenticated before a notary public or diagnosis issued by the Medical
Associations of their countries of residence.” 47
D.2) Information and observations of the parties and the Inter-American Commission
41.
The State reiterated at the private hearing its commitment to provide health care
service to all victims. In its report of January 23, 2013, it explained that this measure "is
satisfied with access to Integral Health Insurance (SIS), through which there is access to the
44
Deceased identified inmate 21: Santos Genaro Zavaleta Hipólito. Case of Miguel Castro Castro Prison
Merits, Reparations, and Costs, supra note 2, Annex 2.
45
The State submitted a copy of a communication dated March 23, 2007, signed by the Chief of the
Headquarters of the Civil Registry of the Municipality of San Juan de Luringacho addressed to Supraprovincial
Criminal Court of the Supreme Court of Justice, whereby "it provide[d] a certified copy of the [35] Death
Certificates whose stubs are in his file,” and they correspond to the following persons: Juan Barbales Rengifo, Cesar
Augusto Paredes Rodríguez, Jorge Muñoz Muñoz, Juan Manuel Conde Yupari, Jaime Gilberto Gutiérrez Prado, Julio
Cesar Moreno Núñez, Fidel Rogelio Castro Palomino, Sergio Campos Fernández, Luis Angel Llamas Mendoza,
Roberto Carlos Illacanqui, Santos Genáro Zavaleta Hipólito, Rosa Luz Aponte Inga, Marco Callocunto Núñez, Vilma
Edda Aguilar Fajardo, Carlos Jesús Aguilar Garay, Wilmer Rodríguez León, Mario Francisco Aguilar Vega, Víctor Hugo
Auqui Cáceres, María Consuelo Barreto Rojas, Rufino Obregón Chávez, Wilfredo Fheller Gutiérrez Véliz, Andrés
Agüero Garamendi, Ramiro Alberto Ninaquispe Flores, Janet Rita Talavera Sánchez, Mercedes Violeta Peralta
Aldazabal, Julia Marlente Olivos Peña, Ana Pilar Castillo Villanueva, Deodato Hugo Juárez Cruzzat, Marco Wilfredo
Azaña Maza, Yobanka Elizabeth Pardave Trujillo, Tito Roger Valle Travesaño, Elvia Nila Sanabria Pacheco, José
Antonio Aranda Compani, Fernando Alfredo Orozco García, and Rubén Constantino Chihuan Basilio (annex 19 to the
State’s report of September 24, 2013, case file of monitoring of compliance with Judgment, tome VI, folios 2815 y
2816).
46
Case of Miguel Castro Castro Prison. Merits, Reparations, and Costs, supra note 2, para. 461.
47
Case of Miguel Castro Castro Prison Merits, Reparations, and Costs. Judgment of November 25, 2006,
Series C No. 160, para. 433c) vii.
18