-94order to make society aware of the need for “all Salvadorans […] to work together to
find the best solutions […] leading to the truth about the whereabouts of the
children,” as the State affirmed in the public hearing before the Court. The State
shall comply with this measure within six months of notification of this judgment.
h)
Medical and psychological care
197. In his affidavit, José Fernando Serrano Cruz, Ernestina and Erlinda’s brother,
referred to the physical and psychological problems that his family suffered as a
result of the facts of this case, particularly those suffered by his mother. Likewise,
the expert witness, Ana Deutsch, stated in her sworn statement that victims and
their next of kin require psychological treatment to improve their mental health. The
Court considers that a measure must be ordered that will lessen the physical and
psychological problems of the next of kin of Ernestina and Erlinda resulting from the
circumstances of the violation.67
198. In order to help repair the physical and psychological damage, the Court
decides that the State has the obligation to provide, through its specialized health
institutions, the free medical and psychological treatment required by the victims’
next of kin, including the medicines they need, in view of the problems suffered by
each of them, following individual evaluation. The Court considers it desirable that a
specialized non-governmental institution, such as the Asociación Pro-Búsqueda,
should be allowed to take part in this evaluation and in the implementation of the
treatment. In addition, if Erlinda and Ernestina are found alive, the State must also
provide them with the said medical and psychological treatment.
199. Bearing in mind the opinion of the expert witness, Rosa América Laínez
Villaherrera, who has evaluated and treated many young people who were found,
their next of kin, and families who continue seeking the disappeared (supra para.
35), when providing the said psychological treatment, the specific circumstances and
needs of each person must be considered, so that individual, family and collective
treatment is offered, as agreed with each of them following an individual evaluation.
200. Within six months, El Salvador must inform the next of kin of Ernestina and
Erlinda and Pro-Búsqueda of the names of the health establishments or specialized
institutes in which the said medical and psychological treatment will be offered, and
provide this treatment.
201. Finally, the Court considers that this judgment constitutes, per se, a form of
reparation.68
E)
COSTS AND EXPENSES
Arguments of the Commission
202.
The Commission requested the Court to “order the State of El Salvador to pay
67
Cf. Case of the Plan de Sánchez Massacre. Reparations, supra note 3, para. 106; Case of De la
Cruz Flores, supra note 8, para. 168; and Case of the “Juvenile Reeducation Institute”, supra note 9, para.
318.
68
Cf. Case of Lori Berenson Mejía, supra note 3, para. 235; Case of Carpio Nicolle et al., supra note
3, para. 117; and Case of the Plan de Sánchez Massacre. Reparations, supra note 3, para. 81.
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