5
decision by the State to publish once again, the representatives stated they absolutely
agreed with it.
13.
The Commission pointed out that “it set[s] much store by […] the publication of the
Judgment in the Official Gazette No. 114, Tome No 379, on June 19, 2008 and in the Diario
El Mundo [El Mundo Newspaper] on May 13, 2008”. In the course of the public hearing it
pointed out that “it had no more observations to make, beyond welcoming the attitude of
the State in such direction”.
14. From what the parties report regarding publication of the pertinent parts of the
Judgment in the Official Gazette, the Tribunal deems the State to have complied with such
aspect of operative paragraph number six in the Judgment. The Court considers the
publication of the Judgment to be a satisfaction measure that must also be understood as a
guarantee measure against repetition of the facts in the instant case, which must be known
by society in El Salvador. Complying with such order is a part of the obligations the State
has as the outcome of its having ratified the American Convention and recognized the
competence of this Tribunal. In that sense, the Tribunal notes the willingness and the
commitment of the State to publish the Judgment once more in a newspaper with wide
national coverage without incurring in the shortcomings of the former publication, as well as
the agreement therewith expressed by the representatives. For which reasons, el Tribunal
sets much store by the willingness of the State to effectively comply with the obligation to
publish the Judgment in another newspaper of wide national coverage, and urges it to
submit information thereon.
15.
As regards operative paragraph number seven in the Judgment, wherein the
obligation the State has to provide the medical, psychiatric, or psychological assistance that
may be needed by José Mauricio Garcia Prieto Hirlemann and Gloria Giralt de Garcia Prieto
(supra Having Seen Clause Number 1), in the course of the public hearing the State pointed
out that in fact the medical needs of the victims had not been fully taken into account, for
which reason it expressed its willingness to comply with such obligation. In view of the
foregoing, on January 10, 2010, a coordination meeting had been promoted with the
Ministerio de Salud Pública y Asistencia Pública [Public Health and Emergency Assistance],
for the purpose of learning which were the medical needs, the sufferings and the opinions of
the victims and of proposing the ways and means of providing such services. The
information obtained would be submitted to Public Health and Emergency Assistance
authorities for them to decide on the ways and means to provide, free of charge, the
medical and psychological services that meet the needs of the victims. It added that such
action would be taken forthwith and it undertook to report periodically on the progress
thereof. On the other hand, it pointed out that it was prepared to explore the possibility of
providing alternative services different from the traditional health care services. As to
providing psychiatric care, it indicated that no progress has been made, but that the matter
is on the agenda, and that the State is interested in providing it in such manner as the
Garcia Prieto family members may request.
16.
The representatives pointed out that the State has not complied with this point in the
Judgment. In the course of the public hearing they stated that the maladies of the victims
were serious, for which reason they did not trust the services the national health system
could provide. They further stated that the national health system wanted to start the
treatment with a diagnosis, even though the victims already had one, and were under
advanced treatment in the private system, for which reason they considered it was not