b) Next of kin of the victims who are beneficiaries of the medical and psychological
treatment
66.
With regard to that stated by the representatives in the sense that “there is
doubt […] about which of the next of kin of the victims […] are beneficiaries of the
medical and psychological treatment,” the Court reiterates that it established in
paragraph 449 of the Judgment the State’s obligation “to offer, without cost and
through its specialized health institutions, the medical and psychological treatment
required by the victims and their next of kin, including any medication required by
them, taking into consideration the sufferings of each of them after an individual
evaluation.” On its part, in paragraph 461 of the Judgment, the Court ordered, inter
alia, that said medical and psychological treatment required by the victims and their
next of kin be “offered immediately to those who have already been identified and as
of the moment in which the State identifies them in the case of those who have not yet
been identified […].”
67.
Based on the above, in order to determine the next of kin that are beneficiaries
of the reparation granted, it is enough to observe who has been declared a victim in
the Judgment. This was specified by the Court in the whereas paragraphs 342, 408,
and 418, as well as in the fifth and sixth operative paragraphs of the Judgment in
which the next of kin of the inmates determined in paragraphs 336, 337, 340, and 341
and identified in Appendix 2 and the direct relatives of the 41 deceased inmates
identified, which were specified in Appendix 3, were declared victims. Said next of kin
included in Appendix 2 and Appendix 3 of the Judgment were declared victims and
therefore are beneficiaries of the reparation measure regarding medical and
psychological attention.
68.
Likewise, regarding the next of kin of the 41 deceased inmates identified,
according to the evidence presented in the merits stage of the present case, the Court
specified some of the mentioned next of kin, whose names, as has been indicated, are
found in Appendix 3. However, as can be concluded from paragraph 420 of the
Judgment on merits, reparations, and costs, said Appendix included only those people
with regard to whom there was evidence that allowed the Court to determine that they
were alive at the time of the facts. In relation to the rest of the next of kin of the 41
deceased victims identified that were not specified at that time, the Court stated that
the compensation that corresponds to them be delivered directly in the same manner
stated for those who have been individualized, once they have presented themselves
before the State’s competent authorities, within the 8 months following the notification
of the Judgment and they prove, through sufficient means of identification, their
relationship or kinship with the victim and that they were alive at the time of the facts.
That is, said next of kin of the 41 deceased victims identified were also appropriately
considered victims by the Tribunal and beneficiaries of the corresponding reparations,
including medical and psychological treatment.
C) Condition of Mr. Francisco Alcázar Miranda
69.
Regarding the condition of Mr. Francisco Alcázar Miranda, the Court observes
that pursuant to paragraph 173 of the Judgment, said person was considered an
20