13
Adequate medical and psychological treatment to the victims (eleventh
operative paragraph of the Judgment)
25.
That in what refers to the obligation to provide psychological treatment to all
the next of kin of the victims that so require it, as of the notification of the Judgment
to those already identified, and as of the moment of their identification in the case of
those who have not yet been identified, and for as long as it is necessary, the State
informed that it had agreed with the representatives that the first step toward
compliance of this reparation measure was to make a diagnosis of the people who
would benefit from the measure carried out by private health institutions. Later, the
State informed that it had met with the representatives of the victims and their next of
kin and that they had presented it with a list of different specialized institutions that
could be contacted in order to request a proposal. The representatives also provided
information regarding 454 people who wished to receive medical attention. However,
the State added that it had not been able to contract that service because the entities
they had asked for offers had difficulties to prepare a specific proposal and that “the
Ministry of Social Protection was awaiting some additional offers from institutions
suggested by the representatives, in order to make the best deal possible.”
26.
That the State later mentioned that in December 2007 it had reached an
agreement between the Ministry of Social Protection and the United Nations
Development Program (UNDP), within the framework of which the Reconciliation and
Development Program (Networks) was being developed. One of the aspects of the
mentioned agreement would be to collaborate with technical and financial assistance in
the comprehensive attention of the victims from a psychosocial perspective. The State
informed that this agreement was also focused on the attention of the victims
mentioned in the judgments of the Court in the cases of Gutiérrez Soler, Escué Zapata,
19 Tradesmen, Mapiripán, Pueblo Bello, Ituango, and La Rochela. The State informed,
that within the framework of the agreement, it had made progress in activities
regarding the design and implementation of the management structure, of
identification of the offer of services, and of elaboration of a work plan for the
assessment and medical and psychological diagnosis of the next of kin of the victims
related to the mentioned judgments of the Court. The State also informed that it held a
meeting with the representatives, in which it informed them of the procedure adopted
and it agreed with them that they would respond with their observations and
comments in writing within a reasonable term. Reference was also made to another
meeting held between the UNDP and the representatives within the framework of the
“programmatic and follow-up meetings with the petitioners,” in which reports on the
progress of compliance were presented and “specific aspects included in the respective
work plans” were considered. At the hearing, the State mentioned it hired the
“Vinculus Foundation” for the attention of the beneficiaries, and by the end of last year
said Foundation informed it had diagnosed 120 people; that after the diagnosis phase
“that should be concluded by January 31, 2009,” there would be a treatment phase.
The State asked the Court to consider that this reparation measure, although late, is
being carried out.
27.
That the representatives initially stated that one of the factors that has delayed
the implementation of this measure was the unorganized action of the Ministry of
Social Protection, which issued a summons without terms of reference and with little
clarity regarding its object. Therefore, no entity had presented itself to carry out the
medical and psychological diagnosis of the next of kin of the victims. They also
informed of a meeting held in March 2008, during which they agreed to introduce
modifications to the terms of reference and that the matter of the specific compliance