this judgment, shall be the beneficiary of the reparations ordered by the Court.
B. Measures of rehabilitation
135. In its final written observations, the Commission argued that the State should
provide the victim with “adequate treatment according to his needs, […] by a person or
institution with the expertise required to specifically treat persons who have suffered
acts of discrimination.”
136. The representatives requested that the State provide Mr. Olivera with “adequate
psychological or psychiatric treatment, as appropriate” free of charge, immediately and
for the time necessary. They indicated that the State should also cover the cost of
transportation and medications, as well as any other expenses arising from the
treatment. They also requested that this treatment be provided by psychologists or
psychiatrists with expertise in treating LGBTI Q+ people, by mutual agreement with Mr.
Olivera. In the absence of such experts in the general psychological and psychiatric care
service of the Integral Health System (hereinafter “SIS”) or the Social Health Service
(hereinafter “EsSalud”), they requested that the State provide specialized treatment at
a private health center.
137. The State argued that the body of evidence does not show a causal link between
the alleged events of August 11, 2004 and the impairment of Mr. Olivera’s mental health.
It pointed out that the expert opinion of Mr. Gonzalo Meneses would be time-barred,
since the events occurred in 2004 and the psychological evaluation was conducted 17
years later. It also indicated that, despite the fact that the effects on Mr. Olivera Fuentes’
mental health have not been proven, he could still request psychological or psychiatric
care through the free health care coverage provided by the State. On this point, it added
that the Comprehensive Health Insurance to which Mr. Olivera is affiliated offers free
coverage for patients with mental health disorders, such as anxiety and depression,
which may be accessed by any citizen who presents his national identity document.
138. With regard to the expenses for the psychological support provided to Mr. Olivera
Fuentes after the public hearing, the State indicated that the receipts should not be
considered by the Court because: (i) they are not related to the facts in dispute, since
Mr. Olivera’s mental health has not been the subject of discussion, and (ii) Mr. Olivera
Fuentes has had access to SIS, through which he could have requested psychological
treatment sessions and therapy if he had required it.
139. The Court notes that the expert opinion prepared by Mr. Meneses addressed, in
general terms (i) the damage to mental health caused by structural and daily
discrimination against LGBTI+ people, particularly gays, lesbians and bisexuals, and (ii)
actions to eradicate, prevent and adequately repair this type of harm by the State. The
Court also notes that Mr. Olivera stated that the entire proceeding before the domestic
authorities was “very frustrating” for him, and that “no one knows how many tears and
how much anger I had to go through, when I had to read all these things, all the
allegations in the case,” because they constructed a story that “invalidat[ed]” him and
discredited his word for being a homosexual. He added that his words had been “ignored”
and “stripped of value” and “credibility,” which caused him “a lot of pain” and “emotional
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