7
victims of grave human rights violations” and that, as a result, the State should take
into account aspects such as the victim’s condition, their vulnerability and the effects
of the political violence to which he or she was subjected. Moreover, they expressed
that, so far, the State has not reported on the execution of individual evaluations,
hence they considered that the treatment provided was not adequate, which "could
[...] lead to continued, and constantly repeated suffering.” In this respect, they pointed
out that the Evaluation Committee, set up in 2007, stopped operating, thus it is
necessary to resume its work in order to conduct a physical and mental evaluation of
the victims. They also argued that there is no specialized program to provide
psychological and psychiatric treatment, or a plan that provides for a way to provide
free medicines to the victims, which forces the victims to travel to Rabinal or Salama in
search for medicines. Finally, the representatives referred to the report of the Equipo
de Estudios Comunitarios y acción Psicosocial [Team of Community Studies and
Psychological Action] (hereinafter, “ECAP”), which, among other things, contains the
description of the psychosocial work carried out between the delivery of the judgment
and the present day, a description of the health services provided, victims' proposals,
as well as the recommendations put forward "to follow-up the implementation of the
reparation measures from a psychosocial perspective".
17.
In its observations of May 12, 2010, the Commission mentioned that it agrees
with the representatives on the fact that the information presented by the State "does
not provide further details.” Moreover, it highlighted the lack of information in relation
to the progress made with the implementation of a specialized program to provide
psychological and psychiatric treatment, as well as regarding the functioning of the
Psychosocial Evaluation Committee according to the terms of the Judgment. Lastly, it
emphasized the importance of providing any free medicines that are necessary to treat
the victims at their place of residence, “together with the actions necessary to ensure
they receive comprehensive treatment.”
18.
The Court takes note of the information provided by the State regarding the
situation of the medical and mental treatment and the personnel available to provide
it, as well as the fact that, in their observations, the representatives and the InterAmerican Commission both pointed out that the State refers to the medical treatment
in a general way and does not report on the implementation of the measure ordered
by the Court, for the victims of the instant case, in view of their particular conditions.
19.
In consequence, the Court repeats the need for the State to forward updated
and detailed information regarding the progress made in implementing the medical and
mental treatment it provides to the victims of this case and its results. In this respect,
the Court repeats to the State that it must provide the necessary means to effectively
reduce the physical and mental suffering of said victims. In the report so requested,
the State must include information on: a) the names of the persons who are
beneficiaries of the medical or psychological treatment; b) how medicines have been
provided free of charge; c) the progress made in creating a specialized program to
provide psychological and psychiatric treatment, in view of the particular
circumstances and needs of each person; and d) the measures adopted to resume, if it
is currently not operating, the work of the Victims’ Physical and Mental Evaluation
Committee, all in accordance with paragraphs 106 to 108 and 117 of the Judgment on
Reparations.
D)
Provision of adequate housing to the surviving victims who reside in
the village of Plan de Sánchez (operative paragraph eight)