98
disappeared persons, such as, for example, the criminal investigation ordered in
the present Judgment (supra paras. 256 and 257), should be carried out in a
systematic and rigorous manner, have the adequate human and technical
resources, taking into account the relevant norms on the matter,381 all of the
measures necessary to locate and identify the remains of the disappeared
victims, and then return them to their family members.
C. Other measures
repetition
of
rehabilitation,
satisfaction,
and
non-
1. Rehabilitation
i. Medical and psychological care
264. The Commission requested the Court to order the State to adopted
measures for the physical and psychological treatment of the next of kin of the
disappeared victims and the executed person.
265. The representatives noted that the State has the obligation to offer
medical and psychological assistance, free of charge, to the next of kin of the
disappeared victims in the Guerrilha do Araguaia, in a manner that allows them
access to quality health centers to receive the necessary assistance, to which
they requested that this assistance be carried out by nationally recognized
health centers of the choose of the next of kin and not by the Public Health
Services as indicated by the State. This measure should also include the cost of
the medications, so that the next of kin do not incur additional cost. Therefore,
they requested that Brazil carry out individual medical evaluations of the next of
kin and that the necessary treatment should correspond to the particular needs
of each person.
266. The State highlighted that in the Ordinary Action presented by the next of
kin against the Union, they requested various measures but never an “integral
reparation.” Nevertheless, it reported that in Brazil the Public Health Service
allows for universal access to health care at all the assistance levels.
267. The Court finds, as it has done in other cases,382 that a measure of
reparation that provides appropriate care for the physical and psychological
effects suffered by the victims is necessary. Consequently, the Court deems it
convenient to order the State to provide the victims, per their requests, free of
charge and immediately, appropriately, and effectively, with the medical and
psychological or psychiatric care by means of public health institutions. Therefore,
the specific injuries or impairments of each person must be considered by means
of a prior physical and psychological assessment. Moreover, the treatment must
be provided in Brazil for the time necessary and it must include the provision,
free of charge, of medication that may be required.
268. In particular, psychological and psychiatric treatment must be provided by
State personnel and institutions specialized in attending to victims of acts of
violence such as those that occurred in this case. In the circumstance that the
381
Such as those established in the United Nations Manual on the Prevention and Effective
Investigation of Extrajudicial, Summary, or Arbitrary Executions. In this regard, cf. Case of the
Mapiripán Massacre v. Colombia. Merits, Reparations and Costs. Judgment of September 15, 2005.
Series C No. 134, para. 305, and Case of the Dos Erres Massacre, supra note 186, para. 247.
382
Cf. Case of Barrios Altos v. Perú. Reparations and Costs. Judgment of November 30, 2001.
Series C No. 87, paras. 42 and 45; Case of Rosendo Cantú et al., supra note 45, para. 252, and Case
of Ibsen Cárdenas and Ibsen, supra note 24, para. 253.
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