70
Arguments of the State
167. In this regard, the State indicated that the alleged victim’s reincorporation
into her employment would result from the judgment delivered in the trial underway
for the crime of terrorism, in which she could be convicted or acquitted.
Considerations of the Court
Medical and psychological treatment for María Teresa De La Cruz Flores
168. Having examined the arguments of the victim’s representatives and also the
body of evidence in the instant case, it is clear that Mrs. De La Cruz Flores’ physical
and psychological problems still persist (supra para. 73(54)). Consequently, this
Court considers, as it has on other occasions,129 that reparations must also include
psychological and medical treatment for the victim. In this regard, the Court
considers that the State must provide medical and psychological care to the victim
through its health services, including the provision of medication without charge.
Reincorporation of María Teresa De la Cruz Flores into her employment and
professional updating
169. The Court considers that the State must reincorporate the victim into the
activities that, as a physician, she had been performing in public institutions at the
time of her detention. She must be reincorporated, at least, at the level she had
attained when she was detained.
170.
The Court also considers that the State must prove the victim with the
possibility of receiving professional training and updating, by awarding her a grant
that allows her to take the professional training and updating courses of her choice.
171. The State is also obliged to re-enter the victim on the respective retirement
register, with effect retroactive to the date on which she was taken off it, and ensure
her the full enjoyment of her right to retirement, in the conditions she had before her
detention.
Release of María Teresa De la Cruz Flores
172.
In relation to the claim of the victim’s representatives that she should be
released, the Court observes that the request made by the victim’s defense lawyers
during the trial at the domestic level that the detention order be modified was
declared admissible on July 8, 2004, by the Fourth Criminal Court for Terrorism
(supra para. 73(47)), a decision that was confirmed by the National Terrorism
Chamber on September 24, 2004 (supra para. 73(52)). The victim’s current legal
status, including the order on conditional appearance issued against her by the
Fourth Criminal Court for Terrorism, is a result of the new trial being held before that
Court, which is the authority that the defendant’s legal status depends on in this
129
Cf. Case of Tibi, supra note 1, para. 249; Case of Molina Theissen. Reparations (art. 63(1)
American Convention on Human Rights). Judgment of July 3, 2004. Series C No. 108, para. 71; Case of
Myrna Mack Chang, supra note 105, para. 266; and Case of Bulacio, supra note 107, para. 100
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