C.
Measures of integral reparation:
guarantees of non-repetition
rehabilitation
and
satisfaction,
and
254. International case law and, in particular, that of the Court, has repeatedly established
that the judgment can constitute per se a form of reparation.312 Nevertheless, considering
the circumstances of the case and the adverse effects on the victims resulting from the
violations of the American Convention declared to their detriment, the Court finds it
pertinent to determine the following measures of reparation.
1.
Rehabilitation
a) Medical and psychological assistance for the victims
255. The Commission asked the Court to order adequate pecuniary and non-pecuniary
reparations for the human rights violations declared in its merits report, including the
implementation of a suitable program of psychosocial care for the survivors.
256. The representatives asked that the surviving victims be compensated for future medical
and psychological expenses.
257.
The State did not refer to this form of reparation.
258. The Court considered that, owing to the demeaning treatment of the survivors, the
State had violated the right to personal integrity established in Article 5(1) of the
Convention (supra para. 109).
259. In addition, the Court finds, as it has in other cases,313 that it is necessary to order a
measure of reparation that provides appropriate care for the mental and physical problems
that the victims have suffered owing to the violations declared in this Judgment. In order to
help repair this harm, the Court establishes that the State has the obligation to provide, free
of charge and immediately, the medical and psychological treatment required by the victims,
following their informed consent and for the time necessary, including the provision of
medication free of charge. If the victims reside in Dominican Republic, the medical and
psychological treatment must be provided by State institutions and personnel. 314 If the State
does not have these resources, it must have recourse to specialized private or civil society
institutions.315 This treatment shall be provided, insofar as possible, in the medical centers
nearest to their place of residence.316
260. When providing the said treatment, the specific circumstances and needs of each
victim must also be taken into consideration so that they are offered collective, family, and
individual care, as agreed with each of them and following an individual assessment.317
312
Cf. Case of El Amparo v. Venezuela. Reparations and costs. Judgment of September 14, 1996. Series C No.
28, para. 35, and Case of Vélez Restrepo and family members v. Colombia, supra, para. 259.
313
Cf. Case of Cantoral Benavides v. Peru. Reparations and costs. Judgment of December 3, 2001. Series C
No. 88, and Case of the Rio Negro Massacres v. Guatemala, supra, para. 287.
314
Cf. Case of Barrios Altos v. Peru. Reparations and costs. Judgment of November 30, 2001. Series C No. 87,
para. 42, and Case of the Rio Negro Massacres v. Guatemala, supra, para. 289.
315
Cf. Case of Manuel Cepeda Vargas v. Colombia, supra, para. 235, and Case of Uzcátegui et al. v.
Venezuela, supra, para. 253(e).
316
Cf. Case of the Las Dos Erres Massacre v. Guatemala, supra, para. 270, and Case of Uzcátegui et al. v.
Venezuela, supra, para. 253(b).
317
Cf. Case of 19 Tradesmen v. Colombia. Merits, reparations and costs. Judgment of July 5, 2004. Series C
No. 109, para. 278, and Case of Uzcátegui et al. v. Venezuela, supra, para. 253.c.
68
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