53 c) Medical, psychiatric, and psychological assistance 199. The common intervener indicated that “the State is obligated to provide free medical and psychological assistance to the next of kin of Ramón Mauricio García Prieto, such that they may access a State medical institution which provides adequate and personalized attention, and which may help them to heal the physical and psychological injuries suffered by them [and that] this measure include the costs of the medication that may be prescribed.” On this issue, neither the Commission nor the State specifically referred to this request. 200. The Court would like to emphasize that expert witness Mauricio José Ramón Gaborit Pino concluded that, with respect to Ramón Mauricio García Prieto’s parents, “their life now revolves around the traumatic event. The feelings of powerlessness and that justice has been denied them invade their daily lives and has conditioned all of their future plans.”113 201. The Court finds that it is necessary to order measures of reparation in order to reduce the mental suffering of José Mauricio García Prieto Hirlemann and Gloria Giralt de García Prieto. To this end, the Court orders the State to provide adequate treatment and medication needed by these individuals, through its public health services, free of charge, for as long as necessary, and given their prior consent and a medical evaluation. When providing the medical, psychological, or psychiatric treatment required, the particular needs and circumstances of each person should be considered, in order to provide the proper treatment. D) Expenses and Costs 202. As the Court has indicated on other occasions, the expenses and costs are included within the concept of reparations enshrined in Article 63(1) of the American Convention.114 203. In the present case, the Commission requested that that the Court order the State to pay the legal costs and expenses that the next of kin of Ramón Mauricio García Prieto have incurred during the proceedings related to this case both in the domestic and international fora. 204. The common intervener requested that the Tribunal order the State to pay US$40,987.32 (forty thousand nine hundred eighty-seven United States Dollars and thirty-two cents) for the expenses incurred by IDHUCA. This organization has assisted the García Prieto Giralt family in their judicial efforts at the domestic level. Likewise, the common intervener requested a sum of US$14,055.24 (fourteen thousand fifty-five United States Dollars and twenty-four cents) for the expenses incurred by CEJIL. This organization acted together with IDHUCA as representatives of the victims from the time of the initial complaint submitted to the Commission on October 22, 1996. Lastly, in addition to these amounts, the common intervener requested costs and expenses incurred from the time of the submission of the 113 Cf. Expert report rendered by Mauricio José Ramón Gaborit Pino before a notary public on January 10, 2007 (Merits file, volume 3, page 659). 114 Cf. Case of Garrido and Baigorria, supra note 107, para. 79; Case of Cantoral Huamani and García Santa Cruz, supra note 10, para. 203; Case of Zambrano Vélez et al., supra note 10, para. 159; and Case of Escué Zapata, supra note 10, para. 186.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents