142
317. The State’s policy must include, inter alia, strategies, appropriate measures
and the earmarking of the resources needed so that children awaiting or standing
trial can be housed separately from those already convicted, and for the
establishment of education programs and full medical and psychological services for
all children deprived of their liberty.
c)
Medical and psychological treatment
318. Some of the former inmates injured in the fires and some next of kin of
deceased and injured inmates who either testified before the Court or gave affidavits
in the presence of a person legally authorized to certify documents, stated that they
were suffering physical after-effects and/or psychological problems as a result of the
facts in this case. The Court deems it appropriate to order some measure intended
to ease the psychological suffering of all those former inmates who were at the
center in the period from August 14, 1996 to July 25, 2001, whose names appear on
the list presented by the Commission on November 19, 2002 (supra paragraphs 36
and 176) and the physical and/or psychological problems of the former inmates
injured in the fires,226 as well as medical treatment of the psychological suffering
that the next of kin of the deceased and injured are experiencing as a result of the
violations their loved ones suffered, if they want and need such treatment.227
319. To help make reparations for these damages, the Court is ordering the State
to provide, free of charge and through its own specialized health institutions, the
psychological treatment that the persons mentioned in the preceding paragraph
require, as well as needed medical treatment for the former inmates injured in the
fires. Treatment should include, inter alia, any medications and surgery that they
may need. When psychological treatment is provided, special care must be taken to
consider each individual’s particular circumstances and needs. In other words,
treatment may be in groups, families or individuals, as decided in each case after an
individual evaluation is made. To that end, the State is to create a committee to
evaluate their physical and psychological condition, and the measures that each
individual requires.
320. The Tekojojá Foundation should be actively involved in this committee.
Should it decline or find itself unable to undertake the task, the State will have to
identify another nongovernmental organization to replace it. Within six months, the
State is to inform this Court of the formation of the committee.
226
Abel Achar Acuña, José Milciades Cañete Chamorro, Ever Ramón Molinas Zárate, Arsenio Joel
Barrios Báez, Alfredo Duarte Ramos, Sergio Vincent Navarro Moraez, Raúl Esteban Portillo, Ismael Méndez
Aranda, Pedro Iván Peña, Osvaldo Daniel Sosa, Walter Javier Riveros Rojas, Osmar López Verón, Miguel
Ángel Coronel Ramírez, César Fidelino Ojeda Acevedo, Heriberto Zarate, Francisco Noé Andrada, Jorge
Daniel Toledo, Pablo Emmanuel Rojas, Sixto Gonzáles Franco, Francisco Ramón Adorno, Antonio Delgado,
Claudio Coronel Quiroga, Clemente Luis Escobar González, Julio César García, José Amado Jara Fernández,
Alberto David Martínez, Miguel Angel Martínez, Osvaldo Mora Espinola, Hugo Antonio Vera Quintana, Juan
Carlos Zarza Viveros, Eduardo Vera, Cándido Ulises Zelaya Flores, Hugo Olmedo, Oscar Rafael Aquino
Acuña, Nelson Rodríguez, Demetrio Silguero, Aristides Ramón Ortiz Bernal, Carlos Raúl Romero Giacomo,
Carlos Román Feris Almirón, Pablo Ayala Azola, Juan Ramón Lugo and Rolando Benítez.
227
Cf. Case of the Gómez Paquiyauri Brothers, supra note 26, para. 207; Case of the 19 Tradesmen,
supra note 26, para. 277; and Case of Myrna Mack Chang, supra note 40, para. 253.2).
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