67
to carry on the memory of the victim.260 The aforementioned shall be carried out within the
term of a year after the notification of the present Judgment.
*
*
*
252. Regarding the other satisfaction measures requested by the representatives, related
to the construction of the Florencio Chitay Nech Municipal Museum and support to the
cooperative, R.L. Unión San Martín, the Court considers that the issuance of the present
Judgment and the reparations ordered in this Chapter are sufficient to remedy the
violations suffered as a consequence of the forced disappearance of which Florencio Chitay
was a victim.261
C.2
Rehabilitation
a) Medical and Psychological Attention to the Victims
253. The representatives requested that this Tribunal order medical and psychological
evaluations of the next of kin of Florencio Chitay Nech be performed, in order to
immediately provide them with the adequate treatment according to the diagnosis, with
the participation of all professionals, according to their necessities, regardless of their place
of residence and the cost.
254. The State “manifest[ed] its goodwill to include the [aforementioned] request within
a process of [f]riendly [s]ettlement.” Furthermore, it pointed out that the PNR
contemplates the attention of individual cases that require help through clinical
intervention, as a result of the violations suffered during the internal armed conflict, which
are treated by psychologists of the National Mental Health Program of the Ministry of Public
Health and Social Assistance, and that within the measures of reparation and rehabilitation
workshops have been carried out with the persons that will receive economic compensation
prior to the delivery of the compensation.
255. In this regard, the Court values the actions carried out by the State in order to
finally give medical and psychological attention to the victims of the armed conflict.
However, the court deems, as it has done in other cases,262 that it is necessary to adopt a
measure of reparation that gives adequate attention to the psychological and physical
suffering of the victims, which stem from the violations already established in the present
Judgment, as it has been stated pursuant to the violation to Article 5(1) of the Convention.
256. Therefore, in order to contribute to the reparation of these damages, the Tribunal
charges the State with the obligation to freely and immediately render the medical and
psychological treatment that the victims require, with their prior informed consent, and for
the time necessary, to include the free provision of medicines in Guatemala. The
psychological and psychiatric treatment shall be provided by State personnel and
260
Cf. Case Benavides Cevallos V. Ecuador. Merits, Reparations and Costs. Judgment of 19 of June of 1998.
Series C No. 38, para. 48.5; Case Myrna Mack Chang V. Guatemala, supra note 12, para. 286, and Case of the Dos
Erres Massacre v. Guatemala, supra note 12, para. 265.
261
262
Cf. Case Radilla Pacheco V. México, supra note 12, para. 359.
Cf. Case Barrios Altos V. Perú, supra note 256, para. 45; Case Anzualdo Castro V. Perú, supra note 86,
para. 203, and Case of the Dos Erres Massacre v. Guatemala, supra note 12, para. 269.
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