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In May 1998, CLADEM Peru presented a denunciation before the Interamerican Human Rights Commission (CIDH), in Washington, on the MM case in relation to a sexual violation committed by a physician working at a public health center. The denunciation is presented in view of the failures in the Peruvian judicial due process.

The Peruvian state and the petitioners reached a Friendly Solution Agreement, which was signed on March 6, 2000, in the presence of the Interamerican Human Rights Commission.

Currently, follow-up is being made of the compliance with the Friendly Solution Agreement before the CIDH, regarding its first item (sanctions for the physician aggressor), which has not yet been complied with by the Peruvian state..

INTER-AMERICAN COMMISSION ON HUMAN RIGHTS OF THE ORGANIZATION OF AMERICAN STATES

Contained herein this present document, is the AGREEMENT FOR FRIENDLY SOLUTION OF CASE IACHR 12.041, executed on the one hand by the Latin America and Caribbean Committee for the Defense of Women’s Rights (CLADEM), duly represented by Dr. Gina Yañez de la Borda; the Center for International Justice and Rights (CEJIL), duly represented by Dr. Maria Claudia Pulido and the Center for Reproductive Law and Policy, duly represented by Dr. Luisa Cabal, as representatives of the interests of Miss M.M., as evidenced by the corresponding power of attorney, hereinafter "THE PETITIONERS", and on the other hand, the Government of the Republic of Peru, hereinafter "THE STATE", duly represented by Minister Antonio Garcia, Peru’s Interim Representative before the O.A.S. , with the intervention of the representatives of the Inter-American Commission on Human Rights, hereinafter the "IACHR": Dr. Helio Bicudo, as President of the IACHR; Ambassador Jorge E. Taiana, Executive Secretary of the IACHR and Dr. Ignacio Alvarez, lawyer of the Executive Secretariat, in charge of the Peruvian matters, to the effect of solving by means of a conciliation, Case N° 12.041, presently being handled by the IACHR in accordance with the dispositions of articles 48, 49 and 50 of the American Convention, in the following terms and conditions:

FIRST: BACKGROUND INFORMATION

1. On April 23, 1998, THE PETITIONERS presented a petition to the Interamerican Human Rights Commission (IACHR) by which they sought to verify the violation of Articles 1.1, 5, 8.1, 11 and 25 of the Human Rights American Convention, as well as of Articles 3, 4, 7, 8 and 9 of the Interamerican Convention to Prevent, Sanction, and Eradicate Violence against Women.

2. On April 19, 1999, the IACHR, in accordance with article 480 (1)(f) of the American Convention, it was set up for the parties to achieve a friendly solution.

3. In reply to the IACHR proposal, on July 19, 1999, the IACHR notified THE STATE about a proposal for friendly solution formulated by THE PETITIONERS.

4. On October 4, 1999, THE PETITIONERS and THE STATE, in a hearing before the IACHR and in subsequent meetings held in the city of Lima, discussed a possible agreement for a friendly solution.

SECOND: FRIENDLY SOLUTION PROCESS

Within the friendly solution process between THE PETITIONERS and THE STATE, with the valuable intervention of the IACHR, the parties managed to reach an agreement satisfactory for both, based on THE STATE’s acknowledgement of responsibility for the violation of the rights of M. M., which occurred as a consequence of the acts perpetrated by medic Gerardo Salmon Horna, when he was appointed to the public health service.

THE STATE deplores the occurrence and manifests its intention of contributing to the solution of this case and preventing the production of similar cases, as well as not to tolerate the acts or threats of violence against the woman that its officers, servers or third parties might commit, sanctioning them according to the law. THE PETITIONERS acknowledge the will expressed by THE STATE of repairing the harm done to Miss M. M. and taking the necessary corrective measures so that similar events do not present themselves again in Peru.

THIRD: OBLIGATIONS ASSUMED BY THE PERUVIAN STATE

By virtue of the agreement between the parties, THE STATE, in order to repair the moral and material harm inflicted on Miss M. M., commits to the following:

1) Without prejudice of any other actions of penal nature that could be justified, the President of the Council of Ministers and the Women’s Minister, shall inform the Medical Association of Peru about the acts practiced by the medic Gerardo Salmon Horna, so that said institution, acting in accordance with its by-laws, approved by Supreme Decree N° 00101-69-SA, shall proceed to apply the corresponding sanctions.

It is expressly stated that the Ministry of Health has already duly sanctioned the medic Gerardo Salmon Horna in the administrative environment.

2) The Ministry for the Promotion of Women and Human Development (hereinafter "PROMUDEH"), shall be in charge of moving Miss M. M. to Arequipa and of her initial lodging in optimum conditions of inhabitance in the house provided by the Public Beneficence of Arequipa for this purpose.

3) The Commission for the Formalization of the Informal Property (COFOPRI) shall formalize as soon as possible, the registration of the property of a land lot occupied by Miss M. M. in the city of Arequipa, in the shanty town A.U.I.S. Juan XXIII. Likewise, it shall orientate and help her so she can access the most benefits granted by the exercise of the right of property over said land lot.

4) The Bank of Materials shall grant social support to Miss M.M., providing the materials and the backing required for the construction of a house that shall consist of two rooms and a family room, of noble material and tin roof valued referentially at approximately S/. 6,000.00 (Six thousand 00/100 Nuevos Soles), without any cost whatsoever for her.

5) The Ministry of Health shall provide Miss M. M. free ambulatory medical attention, at the Honorio Delgado Hospital of the city of Arequipa, regarding the health problems caused by the events that are the matter of this petition and which have already been diagnosed by the referenced Ministry.

6) The PROMUDEH shall grant in property to Miss M. M. a sales stand in the "Siglo XXI" market of the city of Arequipa. The transference of property of said stand shall be performed observing the legislation on the matter, in as short a time as possible, taking into consideration the legal mechanisms necessary to perform the referred property transference. As long as the paperwork lasts, the PROMUDEH shall grant the property in use, without any retribution whatsoever in exchange.

7) The PROMUDEH shall provide Miss M. M. merchandise for a value of S/. 1,000.00 (One thousand Nuevos Soles) to start her commercial activities in the above-mentioned market stand, consisting of stockings and underwear.

8) THE STATE shall form a Follow-Up Commission integrated by representatives of THE STATE and THE PETITIONERS, with the purpose of verifying the compliance of the commitments subject of this agreement. Likewise, it shall propose and effect the follow-up of the normative reforms indicated in the proposal for friendly solution of THE PETITIONERS and the implementation of specialized services for the attention of sexual violence victims nationwide.

In this point, THE PETITIONERS propose that this Commission consider in its agenda the implementation of said services in the cities of Lima, Puno and Arequipa.

 

Said Commission shall have a duration of six months, extendable if necessary, and shall render bi-monthly reports to the IACHR for the matters of its competence.

 

9) At the request of Miss M. M. THE STATE and THE PETITIONERS require that the IACHR, in the friendly solution report about the present case, does not identify Miss M. M. The parties commit to maintain her identity in reserve when divulging this agreement.

 

The cost of the above-mentioned commitments shall be assumed exclusively by THE STATE. THE PETITIONERS commit to contributing to the materialization of these agreements, accompanying Miss M. M. during her transfer and installation in the city of Arequipa.

 

FOURTH: SATISFACTION OF THE PARTIES

The parties express their full conformity and satisfaction with the agreements reached and stated in the present document.

The Inter-American Commission expresses its recognition to the Peruvian state and to the petitioners for their will in solving this case, and to the victim for accepting the terms of the present agreement. The IACHR ratifies the importance of the friendly solution mode contemplated in the American Convention for the termination of individual cases in a non-contentious manner.

By virtue of the present document, and bearing in mind the commitments made by THE STATE and indicated in the third clause, the parties request the IACHR that, as established in Article 49 of the American Convention, it concludes the present case and issues the corresponding friendly solution report, once THE STATE informs compliance with the commitments made in the present agreement.

FIFTH: SIGNATORIES

As a sign of conformity, the parties as well as the IACHR representatives sign, in three (3) copies, one for THE PETITIONERS, one for THE STATE and one for the IACHR, in the city of Washington D.C. on the sixth day of the month of March 2000.

Dr. Gina Yañez de la Borda

Dr. Maria Claudia Pulido

Dr. Luisa Cabal

Minister Antonio Garcia

Dr. Helio Bicudo

Ambassador Jorge E. Taiana

Dr. Ignacio Alvarez

__________________________

CLADEM

Latin American and Caribbean Committee for the Defense of Women’s Rights Regional Office:
Jr. Estados Unidos 1295 Dpto. 702, Jesús María, Lima 11, Perú
P.O. Box 11-0470, Lima, Perú
Phone: (51-1) 463-9237, Fax: 463-5898
E-Mail: oficina@cladem.org

Regional Coordination:
España 225 1°C, Rosario, Argentina
Postal Code: 2000
Telefax: (54-341) 425-2242
E-Mail: insgenar@tau.org.ar
Web site: http://www.cladem.org