5
for the medical and psychological treatment of Mr. Wilson Gutiérrez Soler and the
psychological treatment of his son, Kevin Daniel Gutiérrez Niño.
14.
That the Inter-American Court ordered the State to “provide, free of charge, at
the health-care facilities the State itself may indicate psychological and psychiatric
treatment to [the victims named in operative paragraph two of the Judgment] require".
In accordance to the terms of paragraph 91.i) of the Judgment, the victims’
representatives requested this type of reparation.
15.
That even if this measure aims at contributing to the reparation of the physical
and psychological damage that derived from the violations committed, the method
ordered for its compliance cannot be modified during the stage of monitoring compliance
with the Judgment. Therefore, as long as some of the beneficiaries live abroad, the State
will be precluded from providing the medical and psychological treatment so ordered in
that respect.
16.
That, as is evident from the information provided, the victims' next- of-kin that
reside in Colombia have not yet received the medical and psychological treatment
ordered due to failure of communication between the parties. The Court repeats that, in
order to properly fulfill this measure, the State should manage the concerns of the nextof-kin. The representatives should cooperate so that this can be possible.
*
*
*
17.
That, on April 2 and September 11, 2006, the State published in the national
weekly newspaper, called “El Espectador” and in the official gazette, respectively, the
corresponding paragraphs of the Judgment delivered by this Tribunal in this matter. The
State submitted copies of said publications.
18.
That the representatives expressed their dissent from the publication made in the
weekly newspaper “El Espectador” of the Judgment delivered in this matter since the
“letter, size and placement of such Judgment in the newspaper do not comply with the
purpose of the measure ordered by the Court”. Accordingly, the State expressed that "it
is more than willing to fulfill the judgments delivered by the Inter-American Court, not
just from a formal point of view”, so that it offered a new publication of this case. The
State informed that on August 27, 2007 it held a meeting with the representatives, in
which the National Police Department submitted a proposal of the new publication. Said
proposal would have been rejected by the representatives after considering that that
means of communication is not good enough to broadcast the information. The State
informed that it agreed on examining other possibilities in order to publish a shorter text
in order to facilitate the budgetary processing of the Police. Notwithstanding the
foregoing, it requested the Court to declare that this measure is fulfilled, even though the
steps “that in good faith the State is taking in order to carry out the publication of the
Judgment for the second time". The representatives pointed out there still are some
restraints in such regard, for that such compliance would only be pending within the
domestic venue.
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