comply with the judgment of the Court in any case to which they are parties.” Therefore,
the States must ensure implementation at the domestic level of the Court’s decisions in its
judgments. 1
3.
The States Parties to the American Convention that have accepted the Court’s
contentious jurisdiction must comply with the obligations established by the Court. This
includes the State’s obligation to inform the Court of the measures adopted to comply with
the rulings of the Court in its judgments. Prompt compliance with the State’s obligation to
inform the Court of the way in which it is complying with each aspect ordered by the latter
is essential in order to evaluate the status of compliance with the Judgment as a whole. 2
Obligation to provide psychological and/or psychiatric treatment to Blanca
Fernández, Selsa Damaris Watt Kawas, Jaime Alejandro Watt Kawas, Jacobo
Roberto Kawas Fernández, Jorge Jesús Kawas Fernández and Carmen Marilena
Kawas Fernández (thirteenth operative paragraph of the Judgment)
A.
Information provided by the State
4.
The State indicated that “the family of Mrs. Kawas Fernández […] notified the
Attorney General’s Office […] that they did not wish to receive psychological and/or
psychiatric treatment,” and this would be “respected by the State, […] because measures of
reparation cannot be understood as an obligation of the victims.” Based on the foregoing,
the State forwarded the Court a certification dated April 24, 2012, signed by Jorge Jesus
Kawas Fernández, “acting on behalf of Blanca Fernández, Carmen Marilena Kawas
Fernández, Jacobo Roberto Kawas Fernandez, Jaime Alejandro Watt Kawas, Selsa Damaris
Watt Kawas and [himself]," indicating that "they [have] not considered that any member of
the family required psychological and/or psychiatric treatment,” as the State was ordered to
provide in the Judgment (supra having seen paragraph 1).
B.
Observations of the representatives
5.
The representatives confirmed that the victims “indeed […] wish to waive” this
measure of reparation and requested the Court "to consider [it] fulfilled.”
C.
Observations of the Inter-American Commission on Human Rights
6.
The Commission took note of the information provided by the representatives and
the State and, based on it, indicated that “it [was] not necessary for the Court to continue
monitoring this aspect.”
D.
Considerations of the Court
1
Cf. Case of Baena Ricardo et al. Competence. Judgment of November 28, 2003. Series C No. 104, para.
60, and Case of Barrios Altos v. Peru. Monitoring compliance with judgment. Order of the Inter-American Court of
Human Rights of September 7, 2012, third considering paragraph.
2
Cf. Case of Barrios Altos v. Peru. Monitoring compliance with judgment. Order of the Inter-American Court
of Human Rights of September 22, 2005; seventh considering paragraph, and Case of Mejía Idrovo v. Ecuador.
Monitoring compliance with judgment. Order of the Inter-American Court of Human Rights of September 4, 2012,
third considering paragraph.
2