59
must adopt all measures necessary to procure that any remedies sought by said next
of kin are processed on the basis of equality and without discrimination.119
c)
Public acknowledgment of liability and apology
204. In order for the acknowledgment made by Peru and the rulings of this Court
to be fully effective and provide a remedy to Mr. Bernabé Baldeón-García and his
next of kin, and to be deemed non-repetition guarantees, the Court finds that the
State shall make a public acknowledgment of liability for the illegal and arbitrary
arrest, torture and extrajudicial execution of Mr. Bernabé Baldeón-García and
publicly apologize to the victim's next of kin for having covered up the truth for more
than 15 years. The public acknowledgment and apology must be made in the
presence of the next of kin of the victims and with the participation of the State’s
highest-ranking authorities. Said public act must be carried out within six months
following notice of this Judgment.
d)
Street, park or school named in the memory of Mr. Bernabé Baldeón-García
205. The State shall agree with the victim´s next of kin on the street, park or
school located at a public place of the locality of Pucapaccana (supra para.
170(d)(iv)), where the victim was born, which shall be named after Mr. Bernabé
Baldeón-García. The sign placed at the park or school, as applicable, must make
reference to the context of violence towards rural workers in which Peru was
enmeshed at the time of the events, of which Mr. Bernabé Baldeón-García was a
victim. The text of that sign must be discussed with the victim’s next of kin. The
State must indicate the place to be named after Mr. Bernabé Baldeón-García within
one year following notice of this Judgment.
e)
Psychological and psychiatric treatment
206. After reviewing the arguments of the representatives, those of the
Commission as well as the body of evidence in the instant case, it is inferred that the
psychological suffering by the next of kin of Mr. Baldeón-García, derived from the
violations analyzed in this judgment, has lasted through to this day and impaired
their respective life projects. On account of the foregoing, the Court, as it has done
before,120 is of the opinion that reparations must also include psychological and
psychiatric treatment for all the relatives of Mr. Baldeón-García, at their discretion.
207. For the purpose of contributing to the reparation of such damage, the Court
orders that the State shall provide free of charge, at the health-care facilities the
State may indicate, the psychological and psychiatric treatment, as the case may be,
the following parties may require: Guadalupe Yllaconza-Ramírez de Baldeón; Crispín,
Roberto, Segundina, Miguelita, Perseveranda, Vicente, Sabina and Fidela, whose last
name is Baldeón-Yllaconza, provided they wish to undergo such treatment and as
long as required. Such treatment shall include, among other things, any necessary
medication. The provision of said treatment must take into account the specific
conditions of each individual and the needs of each of them in order to provide
119
Cf. El Derecho a la Información sobre la Asistencia Consular en el Marco de las Garantías del
Debido Proceso Legal, supra note 120, para. 119; and Eur.C.H.R., Nachova and others v. Bulgaria [GC],
supra note 46, para. 160.
120
Cf. Case of the Pueblo Bello Massacre, supra note 6, para. 274; Case of García-Asto and
Ramírez-Rojas, supra note 10, para. 280; Case of Gómez-Palomino, supra note 1, para. 143.
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