33
RECOMMENDATIONS: Given the characteristics of her clinical profile, the recommendation is that she
remains in constant and prolonged therapy, with emotional and cathartic support backed up by the
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appropriate drugs.
143.
Subsequently, on February 17, 1995, a report was issued by a psychiatrist indicating that Mrs.
Irma Díaz de Galindo’s therapy “has been progressing favorably during all the sessions of psychotherapy; she has
demonstrated better control and acceptance of her internal drives. However, as she is now 20 weeks’ pregnant,
the prognosis has deteriorated, as this situation is a constant source of tension and could affect her pregnancy and
her emotional recovery at this stage in her treatment.” The report recommends: continued psychotherapy for an
indefinite period, use of the drug treatment indicated by the evolution and status of her pregnancy, reinforce the
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emotional security that her husband and the persons around her must provide.
rd
144.
As for Mr. Galindo Cárdenas’ son, who was 10 years old at the time of the events and was in 3
grade, the medical psychological report of November 21, 1994 cites infantile depressive neurosis as the diagnosis
and states that:
…Furthermore, one notes slowness and asthenia in the patient’s actions; his intelligence is high average, but
his performance is currently very limited because of the emotional shock he has experienced in relation to
his father’s image; this attitude manifests itself in the form of constant whining and complaints during the
interviews.
He harbors a great deal of worry that carries him into an emotional depressive state; he feels great anxiety
over the uncertainty of his family situation, causing him to question the meaning of the paternal image,
which until recently was idealized. All this has triggered depressive emotional reactions, including autoaggressive reactions, despite the psychological and pharmacological support he has received throughout
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four 45-minute sessions. We are also concerned that he may lose the school year.
145.
Later, a February 15, 1995 psychological report done on Mr. Galindo’s son states that “this
patient has made progress on the emotional problems provoked by the trauma of his father’s incarceration. What
we have now is a child who occasionally experiences night-time fears that are the product of his fear of separation
from his father. He also displays some reactive aggression against other children and adults. The report
recommends that the psychotherapy treatments continue and that their frequency be increased, focusing on
guidance, attitude and increased emotional support; the psychotherapy sessions with the family should continue.
It points out that if these recommendations cannot be followed, “the undersigned cannot take responsibility for
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the negative consequences that this may cause to the patient’s personality.”
V.
THE LAW
146.
In Admissibility Report No. 14/04, the Commission considered the petition admissible with
respect to the alleged violations of articles 5, 7, 9, 8 and 25 of the American Convention, read in conjunction with
articles 1 and 2 thereof. Therefore, this section will examine those articles of the Convention in light of the facts
established and the allegations of the parties.
A.The right to personal liberty (articles 7(1), 7(2), 7(3), 7(4) and 7(5) of the American Convention, read in
conjunction with articles 8(2)(b) and (c), 1(1) and 2 thereof
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Annex 37. Psychological medical report dated November 16, 1994, signed by José S. Córdova Zárate, surgeon. Attachment to the
petitioner’s brief of January 3, 1996.
108
Annex 38. Psychological medical report dated February 17, 1995, signed by José S. Córdova Zárate, surgeon. Attachment to the
petitioner’s brief of January 3, 1996.
109
Annex 39. Psychological medical report dated November 21, 1994, signed by José S. Córdova Zárate, surgeon. Attachment to the
petitioner’s brief of January 3, 1996.
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Annex 40. Psychological medical report on a ten-year-old boy, the son of Mr. Galindo, dated February 15, 1995, signed by José S.
Córdova Zárate, surgeon. Attachment to the petitioner’s brief of January 3, 1996.