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103. Bearing in mind the standards that the inter-American system has established on the
matter of reparations, the parties’ allegations –particularly the discrepancy in terms of whether the
reparations have been comprehensive or not– the established facts –particularly the torture
committed, the forced exile, the failure to investigate the acts of torture and Mr. García Lucero’s
permanent disability-, the IACHR is of the opinion that the analysis of the State’s compliance with
its obligation to provide comprehensive, adequate and effective reparations in the instant case
involves two components: (a) the adoption of specific measures to make reparations for the
consequences of the violation, and (b) the compensation for the harm caused.
a.
Adoption of specific measures to make reparations for the consequences of the
violation
104. The Commission is of the opinion that given that full restitution is not possible in the
instant case, the proper course of action would be to adopt substitute restitution measures so as to
eliminate, to the extent possible, the physical and psychological consequences of the torture and
forced exile that Mr. García Lucero suffered.
105. In this regard, the petitioners allege that the health-related reparations program
(those associated with the benefits granted through the PRAIS Health System) adopted by the
Chilean State do not take Mr. García Lucero’s particular situation into account; who, being in exile,
has been unable to avail himself of these services. The petitioners contend that the State has not
taken specific measures to provide the medical or psychological/psychiatric assistance to enable Mr.
García Lucero to be rehabilitated in the United Kingdom, especially considering that his permanent
disability has left him unable to work and unable to make a decent living for his family since he left
Chile in 1975. Additionally, the IACHR takes note of the petitioners’ allegation that Mr. García
Lucero’s next-of-kin, particularly his wife –who has had to devote herself entirely to his care since
1975 due to his disability- has not received any monetary compensation or health or education
benefits.
106. In the instant case, the established facts make it clear that Mr. García Lucero needs
psychological/psychiatric therapy sessions, both individual and family, as well as physical therapy
sessions.
107.
The United Nations Committee against Torture has affirmed that:
The Committee takes note of the fact that, in the State party, torture victims have access to
the Programme of Compensation and Comprehensive Health Care (PRAIS) system and is
pleased that this programme has been extended to cover the entire country. The Committee
also welcomes the programme’s cooperation with such organizations as the Centro de Salud
Mental y Derechos Humanos (Centre for Mental Health and Human Rights) (CINTRAS), the
Corporación de Defensa de los Derechos del Pueblo (Committee for the Defence of the
People’s Rights) (CODEPU), the Instituto Latinoamericano de Salud Mental y Derechos
Humanos (Latin American Mental Health and Human Rights Institute) (ILAS) and the
Fundación de Ayuda Social de las Iglesias Cristianas (Christian Churches Social Aid
Foundation) (FASIC). It is, however, concerned that victims of torture living outside the
country do not have the benefit of this programme (arts. 14 and 16).
The Committee recommends that the State party take into consideration the obligation to
ensure redress for all victims of torture and that it consider concluding cooperation
agreements with countries where they reside so that they may have access to the kind of
medical treatment required by victims of torture.
The Committee further urges the State party to take steps to ensure the necessary funding so
that each team from PRAIS or another organization can give effective care to all those entitled
to it. The Committee urges the State party to incorporate a gender policy encompassing