8
mentioned several difficulties such as lack of sufficient information to the beneficiaries and
medications for their illnesses. The representatives concluded that although the acts of the
State previously described are considered positive, these are not identified by the
beneficiaries of the Judgment as a reparation, given that the medical and psychological
attention were within the framework of general health services provided by the State, and
did not constitute specific attention for the victims of the Plan de Sánchez Massacre as
ordered in the Judgment on Reparations, therefore such State actions did not have
redressing effects. In the brief of February 24, 2009, they added that they had knowledge
that the State had not “renewed the contract” of the personnel who was providing the
medical and psychological attention, “a fact which is generating fear that the little progress
that has been achieved thus far will be lost,” additionally, that the beneficiaries have not
been informed of the mechanisms to provide continuity to this paragraph, hence it
requested for the State to be required to provide information on this (supra Having Seen
5).
25.
That in its observations the Commission valued the attention provided by the State
to the victims in the instant case. However, it observed that the State omitted reference to
the free supply of the medications required by the victims, therefore it considered pertinent
for the State to inform on the manner in which it would comply with that point, as well as
on the criticisms presented by the representatives. Additionally, the Commission deemed
pertinent to review “the analysis performed by the State, whereby it was determined that
there are beneficiaries to the Judgment only in seven and not thirteen communities,” as
well as for the names of the individuals who are receiving medical and psychological
attention to be reported, and stressed the importance of knowing the measures being
implemented or to be implemented by the State to ensure that the treatment provided is
comprehensive.
26.
That the Court appreciates the measures adopted by the State to comply with the
obligation to provide medical and psychological treatment to the beneficiaries of the
Judgment. However, the representatives observed that although the State has been
complying, it has done so inadequately and, apparently, it no longer has personnel to
provide that care. Considering the foregoing, the Court deems necessary that, when
reporting on compliance with this reparation, the State must refer to the aforementioned
observations of the representatives and the Commission, and, specifically: a) whether
medical and psychological attention is being provided and if there is personnel, b) the
names of the beneficiaries of the medical and/or psychological attention; c) whether the
medications are being provided for free to the beneficiaries who have required them; d) the
advances in the creation of a specialized program for psychological and psychiatric
treatment, under the terms of paragraph 107 of the Judgment on Reparations; and e) the
advances in the functioning of the committee who will assess the psychical and mental
condition of the victims, according to paragraph 108 of that Judgment and Considering
paragraphs 29 to 32 of the Order of November 28, 2007 (supra Having Seen 2).
Additionally, the Court considers it necessary for the representatives and the Commission
to provide their observations, and once this information is received, it will assess
compliance with this reparation.
*
*
*
27.
That with regards to the need to provide housing included in operative paragraph
eight of the Judgment (supra Having Seen 1), on November 25, 2008 the State reported
that “it has planned […] the signing of an Agreement […] between the Guatemalan Housing
Fund and COPREDEH, to begin the paperwork for construction of the houses […]”