177. International case law and, in particular, that of the Court, has established that
Judgment may constitute per se a form of reparation. 229 Nevertheless, considering
circumstances of the case and the effects on the victims arising from the violations of
American Convention declared against them, the Court finds it pertinent to determine
following measures of reparation.
the
the
the
the
1. Rehabilitation
a) Request for medical assistance
178. Both the Commission and the representative asked the Court to order the State “[t]o
take the necessary measures to provide immediately and free of charge, through its
specialized health institutions and in the place of residence of Mrs. Suárez Peralta, the
medical care that she requires, including any medicines she needs, based on her ailments.”
179. The representative also indicated that “[t]he State’s obligation to provide medical
services supposes that it must assume the cost of the doctors that the victim chooses or of
those doctors who usually attend the victim.” In addition, he indicated that this reparation
should include the “cost of the clinical examinations and the appropriate treatments
prescribed by the specialized doctors.”
180. For its part, the State indicated that it “can provide the necessary services to attend
not only Melba Suárez, but also any individual who needs health care services; according to
the State the problem is the complainant’s unwillingness […] to be treated by the Health
Ministry’s trained personnel.”
181. The Court observes that, the Compliance Agreement signed by the State and Mrs.
Suárez Peralta, indicated that “[t]aking into account that, in previous meetings, Mr. Cerezo
and the beneficiary had stated that they [would] not accept medical attention in public
hospitals, health centers and clinics, it was agreed that the State will pay the sum of
US$20,000 for medical attention.”
182. In Chapter IX of this Judgment, the Court declared the violation of the obligation to
guarantee the right to personal integrity of Melba Suárez Peralta owing to the failure to
carry out an effective supervision and control of the medical attention provided (supra para.
155).
183. The Court finds that, in this case, the delivery of a pecuniary reparation for medical
attention, in the terms agreed by the parties in the Compliance Agreement, represents an
adequate measure to guarantee the State’s treaty-based obligations in favor of the victim.
184. Based on the foregoing, the Court establishes the State’s obligation to deliver to
Melba del Carmen Suárez Peralta the said sum of US$20,000.00 (twenty thousand United
States dollars) for any future medical attention and treatment she may require.
2. Satisfaction
a) Request for the publication and dissemination of the Judgment,
acknowledgement of international responsibility, and a public apology
229
Cf. Case of El Amparo v. Venezuela. Reparations and costs. Judgment of September 14, 1996. Series C
No. 28, para. 35, and Case of the Massacre of Santo Domingo, supra, para. 323.
51
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