7.
In the Judgment (supra having seen paragraph 1, para. 209), the State was ordered
to “provide immediately and free of charge, adequate and effective psychological and/or
psychiatric care, through its specialized health institutions, to those next of kin [...]
declared victims who may request this” and that "[t]he said treatment should begin when
requested by the beneficiaries, who shall have two years to make this request as of
notification of th[e] Judgment.” In addition, in the Order of February 27, 2012 (supra
having seen paragraph 2, considering paragraph 27), the Court considered that “it did not
have adequate information that would allow it to determine whether any of the victims […]
ha[d] requested this treatment […] prior to May 6, 2011, the date on which the two-year
period mentioned by the representatives expired”; it therefore asked the State and the
representatives to present detailed information regarding each of the beneficiaries.
8.
From the observations presented by the representatives (supra considering
paragraph 5), the Court has noted that, as the State indicated (supra considering paragraph
4), the victims do not wish to receive the psychological and/or psychiatric treatment
ordered in the Judgment. Consequently, bearing in mind the indication of the beneficiaries’
decision concerning this measure of reparation, and since this is a measure in their favor,
this Court proceeds to conclude the monitoring of compliance with the thirteenth operative
paragraph of the Judgment (supra having seen paragraph 1).
9.
In keeping with the Order of February 27, 2012, issued in this case (supra having
seen paragraph 2), there are still obligations under the Judgment that remain pending.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authority to monitor compliance with its decisions and pursuant to Articles
33, 62(1), 62(3), 65, 67 and 68(1) of the American Convention on Human Rights, and
Articles 24(1) and 30 of its Statute and 31(2) and 69 of its Rules of Procedure,
DECLARES THAT:
1.
In accordance with considering paragraphs 7 and 8 of this Order, it proceeds to
conclude the monitoring of compliance with the thirteenth operative paragraph of the
Judgment:
[…] To provide free of charge, immediately, and for as long as necessary, […] psychological
and/or psychiatric treatment to Blanca Fernández, Selsa Damaris Watt Kawas, Jaime Alejandro
Watt Kawas, Jacobo Roberto Kawas Fernández, Jorge Jesús Kawas Fernández and Carmen
Marilena Kawas Fernández, should they request this. […]
AND DECIDES:
1.
To conclude the monitoring of compliance with the thirteenth operative paragraph of
the Judgment.
2.
To keep open the procedure of monitoring compliance with regard to the measures
of reparation ordered in the Judgment that remain pending, in keeping with the Order of
February 27, 2012, issued in this case.
3