soon as possible. Thus, the Court awaits updated information concerning the measures
taken in this regard.
29.
Lastly, in relation to the obligation to guarantee the conditions for the return to El
Salvador, the Court takes note that Gregoria Herminia Recinos Contreras has expressed her
wish to return to El Salvador. In this regard, it assesses positively the State’s willingness:
(a) to assume its obligation to provide appropriate psychosocial assistance and pay the
expenses of moving the victim and her family; (b) to assume the necessary support and
coordination to regularize all the migratory aspects in El Salvador of the victim and her
family, and (c) to offer a possible house located in the department of San Vicente, place of
residence of her brother Serapio Cristian Contreras. Consequently, and in keeping with the
information presented by the parties, the Court awaits updated information concerning the
measures taken to comply with this aspect of this reparation.
30.
Based on all the above, the Court considers that the State has complied fully with its
obligation to adopt all the necessary and appropriate measures to restore the identity of
Gregoria Herminia Recinos Contreras, including her first and last names, and other personal
information in El Salvador. In addition, it finds that, despite the progress reported, the
obligation to activate and use the available diplomatic mechanisms to coordinate
cooperation with the Republic of Guatemala in order to expedite the correction of the
identity of Gregoria Herminia Recinos Contreras, including her first and last names and
other data in the records of that State, remains pending, as well as to guarantee the
conditions for the return of Gregoria Herminia Contreras when she decides to return to El
Salvador permanently.
d)
Obligation to provide, immediately, medical and psychological and
psychiatric treatment to the victims who request this and, as appropriate,
pay the sum established to Gregoria Herminia Contreras, as established in
the Judgment (fifth operative paragraph of the Judgment)
31.
The State indicated that, in March 2011, in keeping with the obligation it had
assumed since the initial processing of these proceedings, it commenced the measures of
physical health care for the members of the Contreras, Mejía Ramírez and Rivera families,
after coordinating with the representatives and based on a general medical evaluation of
each person to determine their individual needs and requirements. This care is provided by
three hospitals of the public health network located in the regions of the country
corresponding to the place of residence of each family, where they are provided with
doctors’ appointments, medicines, periodic medical check-ups, and surgery and dental
services. In addition, for the routine controls and treatment that does not need to be carried
out in a hospital, they have access to health centers near their places of residence. The
State was also continuing its seminars to train and raise the awareness of the medical,
nursing, social work, administrative and legal hospital personnel with regard to the status of
the patients as victims of human rights violations and the State’s obligations. In addition,
the State was seeking to promote “a methodology of supervising the health care services
from the perspective of shared responsibility.”16
16
In this regard, the State advised that in May 2012, a meeting was held in the Community Intermediate
Health Unit (UCS) of Ciudad Arce, La Libertad, with the participation of one of the Asociación Pro-Búsqueda
lawyers. At this meeting some incidents that had occurred during the treatment provided to Agustín Rivera Rivera
and María Rivera Cartagena were discussed, and agreements were reached on the socialization of the case to the
health personnel, the specific identification of the medical records of the patients, and the special collaboration of
the Asociación Pro-Búsqueda in raising the awareness of the victims with regard to their responsibility to take care
of their health and the appropriate use of the institutional services. A meeting was also held with this Association in
the Community Health Unit of San Carlos Lempa, in San Vicente, during which the medical histories were revised
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