45
according to the agreements entered into between the Ministry of Health and Sports
and the two national public hospitals.131 Moreover, the State informed that in the act
of acknowledgment of international responsibility performed on September 10, 2008,
the State delivered the credentials132 for the provision, free of charge, of medical
care to the relatives of Renato Ticona, in compliance with the agreements entered
into.
168. The Court considers, as in other cases,133 that it is necessary to order a
measure of reparation aiming at reducing the suffering that the facts of this case has
caused to the victims, since as has been established in this chapter, all the relatives
of Renato Ticona have suffered from mental and moral distress due to the
disappearance of a loved one. In this sense, the expert opinion suggested that even
though the psychiatric care that the parents received was important, all the relatives
of Renato Ticona should receive therapy. Besides, they consider it is appropriate,
taking into account the ailments of each member of Ticona Estrada’s family, to carry
out a medical examination of the somatic consequences caused (supra para. 32(e)).
169. The Court positively values the progress made by the State when providing,
free of charge, medical and psychological treatment to the next-of-kin of Renato
Ticona's. Based on the foregoing, this Tribunal considers that the State should
effectively provide, previous a signed informed consent, the medical and
psychological so requested to Honoria Estrda de Ticona, César Ticona Olivares, Hugo
Ticona, Betzy Ticona and Rodo Ticona; such treatment should be provided by
personnel specializing in the treatment of physical and mental health care problems
that such people suffers from to ensure they are provided with the most appropriate
and effective treatments.
This medical and psychological treatment must be
provided for the necessary time, free of charge and it must include the provision of
the necessary medications, taking into consideration the ailments of each of them,
following an individual evaluation.
d)
Guarantees of Non-Repetition.
i) Improvement of the operation of the Inter-Institutional Council for the Clarification
of Forced Disappearance (CIEDEF)134
131
Cf. Inter-Institutional Agreement for the Provision of Medical Care Nº 001 of 2008, entered into
by the Ministry of Health and Sports and General San Juan de Dios Hospital in the city of Oruro, on June
26, 2008, whose beneficiary is Hugo Ticona Estrada; Inter-Institutional Agreement for the Provision of
Medical Care Nº 002 of 2008 entered into by the Ministry of Health and Sports and VIEDMA, Hospital
Complex of the city of Cochabamba on June 26, 2008, whose beneficiaries are César Ticona Olivares,
Honoria Estrada de Ticona and Rodo Ticona Estrada; and Inter-Institutional Agreement for the Provision of
Medical Care Nº 003 of 2008, entered into by the Ministry of Health and Sports and Municipal University
Hospital, San Juan de Dios, on June 26, 2008, whose beneficiary is Betzy Ticona Estrada.
132
Cf. Credentials of July 14, 2008 that certify that beneficiaries Honoria Estrada de Ticona, César
Ticona Olivares, Hugo Ticona Estrada, Rodo Ticona Estrada and Betzy Ticona Estrada “are allowed to
receive medical and psychological care and treatment in the [respective health centers] according to” the
Inter-Institutional Agreements entered into by the Ministry of Health and Sports on June 26, 2008
(Documentation presented by the State during the public hearing, evidence 4. p. 4985-5005).
133
Cf. Case of Cantoral Benavides v. Perú. Reparations and Costs. Supra note 131, para. 51; Case of
Heliodoro Portugal v. Panamá, supra note 13, para. 256; and Case of Bayarri v. Argentina, supra note 16,
para. 143.
134
The Inter-Institutional Council for the Clarification of Forced Disappearances (CIEDEF) was
created by means of Supreme Decree Nº 27089 of June 28, 2003. It is within its authority to: “Coordinate
measures with the Ministry of Foreing Affairs so that Bolivia promotes the approval of an International
Covenant on Forced Disappearances [based] on the project presented to the United States; to carry out
the follow-up of the decisions made by the Inter-American Court of Human rights, of the Organization of
American States [...] or of other international bodies related to Bolivia; to process the information for the