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with the reparation measure would be separated from the Government’s initiative to
launch criteria of a general public policy in that matter. However, the representatives
stated that the agreements and conclusions of the negotiation meetings were not
implemented and that this was seen in the lack of compliance with the reparation
measure. At the hearing they stated that it was important to guarantee that there is
compatibility between the medical and the psychosocial attention. In their final
observations, they indicated that even though there had been great progress with
regard to the lack of understanding with the Ministry of Social Protection, “there were
still disagreements and lack of coordination with the UNDP that affected the selection
and summons processes of the organizations that would be in charge of performing the
diagnosis.” In this sense, many of the victims were not diagnosed and some were
assisted psychologically, but not medically. They expressed that there was still concern
regarding the lack of continuity of the process of attention of the victims and that there
not be continuance to the attention offered by the organizations that participated in
the diagnosis stage. They also pointed out that after that audience was held, the
victims had not had any additional contact with the people who performed the
diagnosis.
28.
That the Commission observed that even though the State referred to the
agreement celebrated with the UNDP, the text refers to attention to the general
population, which would be suggesting that “the State is trying to comply with that
important obligation stated in the Judgment through a general plan of assistance to
those affected by the internal armed conflict, which based on its design may not
correspond to the reality and needs of the specific beneficiaries of this reparation.”
Additionally, it stated that these rehabilitation measures are of an immediate and
ineludible compliance given the nature of the damages suffered by the next of kin of
the victims and their permanent physical and psychological consequences. It observed
that in its last report the State did not provide more information and that there is a
delay in the phase of the diagnosis of the beneficiaries, without detriment to which it is
imperious that a treatment be executed and that there be the necessary logistic
aspects.
29.
That the Court values the first actions underway for the execution of this
measure, as well as the decision to include this matter in the celebration of the
agreement mentioned by the State for the comprehensive attention of the victims of
the armed conflict from a psychosocial perspective. The Tribunal values the efforts
made by the State upon creating an agreement between the Ministry of Social
Protection and the United Nations Development Program; the psychosocial nature of
the measures that are being adopted and the investment and procedure followed in the
evaluation and treatment system. Additionally, this Tribunal observes with satisfaction
that the State adopted an integral vision for the implementation of this measure, which
includes the different cases in which this Court has issued judgments and ordered this
reparation measure.
30. That at the same time, the Court observes that the adequate treatment of the
victims was an obligation the State should have complied with immediately, reason for
which it is not considered positive, that the diagnosis of the next of kin in order to
decide their treatment has taken more than three years. Since the State did not
provide more information after the hearing, the Court does not know if the diagnosis
stage has been finalized, nor if it started, without greater delay, the second stage of
psychosocial treatment. It is necessary that the remaining measures be adopted in
order to implement the medical attention program and include in the care plans the
victims that have not yet been evaluated. On the other hand, without detriment of the