provides the required psychological care.31 In addition, the State indicated that, “in addition
to the psychological care ordered by the Court […], all the members of the family of
Rosendo Radilla Pacheco were being offered comprehensive medical care.” In this regard, it
indicated that, on March 21, 2013, a meeting had been held in order “to hear the
requirements of the [victims] with regard to the psychological and medical care [provided],
based on which, several measures are currently being planned.”
45.
The representatives indicated that they had reached agreement with the State that
psychological care would be provided to the victims through PROVÍCTIMA, once a month, in
the place whether they reside. In addition, they stated that, in an act of good faith, Mexico
had accepted to provide these services to all the other daughters of Rosendo Radilla
Pacheco who had not been declared victims en the Judgment, as well as to other family
members. Thus, the victims and their representatives considered that the State’s
willingness was a positive factor. Nevertheless, in their observations of May 2, 2013, the
representatives indicated that this “care was offered without any type of planning or
agreement with the victims […] about the profile of the professional who would be
responsible for providing the psychological care. Owing to this lack of planning, towards the
end of 2012, the psychological care was interrupted, because […] the victims had no
confidence in it.” “In this regard, to ensure that the psychological care provided to the
Radilla Martínez family complies with basic criteria that are appropriate for the problem [of
forced disappearance of persons], both the victims and the representatives ask[ed] that the
State certify before the victims and before [the Inter-American Court], the experience and
level of specialization in this area of the professionals appointed to treat the victims […].”
They also asked the Court to require the State to present “the work plan that w[ould] be
followed for this care (initial comprehensive diagnosis, therapeutic plan, informed consent,
prognosis based on the diagnosis and the work plan, general follow-up, […] etc.),” to ensure
that “the care provided to the victims meets the highest professional standards and that its
continuity is guaranteed.” In this way, they indicated that, “currently, [they were] awaiting
the offer of psychological care to be presented by the State, [which would] be consulted
with the victims in order to obtain their consent to this care.” Lastly, they asked the Court
not to find that this measure of reparation had been complied with, “until an agreement is
reached on the type of psychological care that will be provided to the victims and until these
rehabilitation services have been provided for a reasonable time […].”
46.
The Commission “appreciate[d] the meeting that had been held between the parties
and recalled that, over the last year, disagreements had arisen regarding the type of
services that the beneficiaries receive, the specialty of the institutions, and the failure to
differentiate the service from that provided to the rest of the population.” In addition, it
stated that “the implementation of the health measures should be differentiated,
individualized, preferential, comprehensive, and provided by specialized institutions and
personnel.” Thus, it indicated that it “awaited information on the agreements reached at the
meeting of March 2013, as well as on the steps taken to comply with them.”
47.
The Court recalls that, in the Judgment, the State was ordered to provide free
psychological and/or psychiatric treatment immediately, adequately and effectively, through
its specialized public health institutions to Tita, Andrea and Rosendo, all with the surnames
31
The State advised that the following had received psychological care: Agustina, María del Pilar, Judith, Ana
María, María del Carmen, Evelina, Romana and Victoria, all with the surnames Radilla Martínez. Furthermore, it
indicated that it had not been possible to provide care to Tita Radilla Martínez, because she had repeatedly refused
to receive it. Cf. Annex 9 to the State’s brief of April 5, 2013 (file on monitoring compliance, tome V, folio 3366).
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