69
records in El Salvador in which Gregoria Herminia appears with the surname “Molina.” The
State has the obligation to comply with these measures of reparation in the terms ordered
and within one year of notification of this judgment.
196. In addition, the Court orders the State to activate and use the available diplomatic
channels to coordinate cooperation with the Republic of Guatemala to facilitate the
correction of the identity of Gregoria Herminia Contreras, including the name, surname and
other information, in that State’s records where she appears with the surname “Molina.”
These include the registration of her marriage and the birth of her children. The Court
understands that the result of this measure of reparation does not depend strictly on El
Salvador, so that compliance with this aspect of the judgment will depend on the efforts
made by the State, and it must report on the measures taken in this regard within one year
of notification of this judgment.
197. Additionally, the State must guarantee the conditions for the return of Gregoria
Herminia Contreras by providing the appropriate psychosocial support when she decides to
return to El Salvador permanently. In that event, the State must pay the moving expenses
of Gregoria Herminia Contreras and her family. The Court recognizes that, for the State to
comply with this aspect, the beneficiary must indicate her willingness to return to El
Salvador. Therefore, the Court deems it pertinent that, within six months of notification of
this judgment, the State and the beneficiary agree on the corresponding details in order to
comply with the Court’s decision, should Gregoria Herminia Contreras consider returning to
El Salvador.
2.
Rehabilitation
a)
Medical and psychological or psychiatric care for the victims
198. The Commission asked the Court to order rehabilitation measures for Gregoria
Herminia Contreras, her next of kin, and the next of kin of the other victims who remain
disappeared. The representatives asked that the State provide “free medical and
psychological assistance to the disappeared children in the event that they are found, and to
their next of kin, so that they can have access to a State medical center and be provided
with adequate and personalized attention. The State assumed the responsibility for
implementing rehabilitation measures in favor of Gregoria Herminia Contreras, her next of
kin and the other victims, which include free health care through the public health system
and any necessary psychosocial treatment” in the terms established in the case of the
Serrano Cruz sisters.” The Commission requested similar measures in favor of Serapio
Cristian and Julia Inés Contreras, Ana Julia and Carmelina Mejía Ramírez and José Rubén
Rivera, should they be found. Furthermore, it provided information on the initiation of
measures to treat the physical health of the members of the Contreras, Mejía Ramírez and
Rivera families, in coordination with the Search Association. The measures will be provided
through the Health Ministry and three public hospitals, corresponding to the places of
residence of the families, and include the scheduling of medical appointments, house calls by
doctors, appointments with generalists and specialists, delivery of medicines, and clinical
tests.
199. The Court finds, as it has in other cases,291 that it is necessary to provide measures
of reparation that offer adequate care for the psychological and physical ailments suffered
291
Cf. Case of Barrios Altos v. Peru. Reparations and costs. Judgment of November 30, 2001. Series C No. 87,
paras. 42 and 45; Case of Gomes Lund et al. (Guerrilha do Araguaia), supra note 97, para. 267, and Case of Ibsen
Cárdenas and Ibsen Peña, supra note 100, para. 253.
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