73
memory and as a guarantee of non-repetition. This monument must be built within
one year from the date of notification of this Judgment.
C.2)
Rehabilitation
Medical and psychological attention of the victims
266. The Commission requested the Court to order the State to adopt measures for
psychological and medical rehabilitation for the victims, and to implement an
adequate psychosocial attention program for them. The representatives requested
additional claims regarding this reparation, and referred to the alleged lack of
compliance of the State’s compromise established in the friendly settlement
agreement, to provide specialized medical and psychosocial attention, and requested
the Court to order the State to provide that attention to all victims of this case.
267. The State indicated that in compliance with the commitment derived from the
friendly settlement agreement, it had “taken steps for the medical and psychological
treatment of the [next of kin of the] victims of the [L]as Dos Erres Massacre, which
[was] provided by the Department of Public Health and Social Assistance, through
the Mental Health Area, South West Health Area of Petén,” which continues to be
implemented and will be consolidated through the signature of an agreement
between the Department of Health and the Presidential Coordinating Commission on
Human Rights Policy of the Executive Branch, (hereinafter “COPREDEH”).
268. The Court takes cognizance that in the friendly settlement procedure the State
committed to provide specialized and integrated medical attention to the surviving
victims and next of kin of those deceased in the massacre who require it, and that
the State has expressed its good will by performing some of the commitments
established therein, therefore it values those steps.
269. Without detriment to the above, the Court deems, as it has in other cases,269
that it is necessary to order a reparation measure that provides adequate attention to
the psychological issues and moral damages suffered by the victims, as has already
been established in conformity with the violation of Article 5(1) of the Convention, as
well as other infringements of this character derived from the violation of Articles 17,
18, and 19 thereof.
270. Therefore, in order to contribute to the reparation of these damages, the
Court orders the obligation of the State to provide, for free and immediately, the
medical and psychological treatment required by the 155 victims, with prior informed
consent, and for the time necessary, including providing medications. The
psychological and psychiatric treatment must be provided by personnel and
institutions specialized in providing attention to the victims of facts of violence such
as those that occurred in the instant case.270 In the event that the State lacks them,
it must recur to specialized private or civil society institutions. In providing this
treatment, the circumstances and particular needs of each victim must also be taken
into consideration, so as to provide them with collective, family, or individual
treatment, according to what they agree with each of the victims, and then an
269
Cf. Case of Barrios Altos v. Peru. Reparations and Costs. Judgment of November 30, 2001. Series
C No. 87, para. 45; Case of Kawas Fernández v. Honduras, supra note 21, para. 209, and Case of
Anzualdo Castro v. Peru, supra note 28, para. 203.
270
Cf. Case of Barrios Altos v. Peru. Reparations and Costs, supra note 269, para. 42 to 45; Case of
Kawas Fernández v. Honduras, supra note 21, para. 209, and Case of Anzualdo Castro v. Peru, supra note
28, para. 203.
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