107
well as the services provided by the Public Health Insurance Scheme (SIS), the Court finds it
necessary to clarify that any measures of reparation that the Court may establish are based
directly on the harm caused by the human rights violations declared in this case.
314. Consequently, the Court establishes that the State must provide, free of charge and
immediately through its specialized health care institutions, in an adequate, comprehensive and
effective manner, the medical, psychological or psychiatric treatment required by Gladys Carol
Espinoza Gonzáles, following her informed consent and if she so wishes, including the provision
of medicines, also free of charge. The State must also ensure that the professionals who are
assigned assess the victim’s psychological and physical conditions adequately and have sufficient
training and experience to treat both her physical health problems and the psychological
traumas resulting from the cruel, inhuman and degrading treatment, and the torture she has
suffered, which included rape and other forms of sexual violence (supra paras. 185, 187, 196,
208 and 214). To this end, and since Gladys Espinoza is currently incarcerated, these
professionals must have access to the place where she is confined, and her transfer, as
necessary, to health care institutions must be ensured. Subsequently, the treatments must be
provided, insofar as possible, in the health care centers nearest to her place of residence 486 in
Peru for as long as necessary. This means that Gladys Espinoza must receive a differentiated
treatment in relation to the process and the procedures that have to be complied with in order
to be treated in the public hospitals. 487
315. Furthermore, the State must provide, free of charge and immediately, through its
specialized health care institutions, in an adequate, comprehensive and effective manner, the
psychological or psychiatric treatment required by Manuel Espinoza Gonzáles, following his
informed consent and if he so wishes, including the provision of medicines, also free of charge.
In addition, the treatments must be provided, insofar as possible, in the health care centers
nearest to his place of residence in Peru for as long as necessary. This means that Mr. Espinoza
Gonzáles must receive a differentiated treatment in relation to the process and the procedures
that have to be complied with in order to be treated in the public hospitals.
316. In addition, when providing psychological or psychiatric treatment to Gladys Espinoza
and Manuel Espinoza, it will be necessary to consider the particular circumstances and needs of
each victim, in order to provide collective, family or individual treatment, as agreed with each of
them and following an individual evaluation. 488 The victims who request this measure of
reparation, or their legal representatives, have six month as of notification of this Judgment to
advise the State of their intention of receiving psychological or psychiatric treatment and, in the
case of Gladys Espinoza, medical treatment also. 489
C.2. Satisfaction
C.2.1. Publication of the Judgment
317. The representatives asked the Court to “order the State to publish, within six months, at
least the sections on the context and the proven facts, as well as the operative paragraphs of
the Judgment in the Official Gazette and in a national newspaper. This publication should also
486
Cf. Case of Cantoral Benavides v. Peru. Reparations and costs. Judgment of December 3, 2001. Series C No.
88, para. 51, and Case of the Human Rights Defender et al. v. Guatemala, supra, para. 258.
487
Cf. Case of Heliodoro Portugal v. Panama. Monitoring compliance with judgment. Order of the Inter-American
Court of May 28, 2010, considerandum 28, and Case of Osorio Rivera and family members v. Peru, supra, para. 256.
488
Cf. Case of 19 Tradesmen v. Colombia. Merits, reparations and costs. Judgment of July 5, 2004. Series C No.
109, para. 278, and Case of Osorio Rivera and family members v. Peru, supra, para. 256.
489
Cf. Case of Fernández Ortega et al. v. Mexico, supra, para. 252, and Case of Osorio Rivera and family members
v. Peru, supra, para. 256.
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