42
C. Measures
recurrence
of
rehabilitation,
satisfaction
and
guarantees
of
non-
C.1. Measures of rehabilitation
153. The Commission requested the implementation of a program of physical and mental
or psychosocial care that is culturally adequate for the survivors and families of the
victims. It also indicated that the State, in its answer, referred to health care in general
terms, without establishing what had been the specific care for the victims in this case.
154. The State informed that it is already complying with the measure of making the
medical care available. It indicated that it has 20` Health Units that offer basic health
services in 20 villages and that it also has a Center of Permanent Care (CAP), located in
the Barrio El Centro of the Municipality of Chisec, Department of Alta Verapaz. It affirmed
that, in that Municipality, the care takes into consideration the Mayan cosmovision in the
Q´eqchi language, respecting the different cultures, customs and traditions.
155. The Court welcomes the information presented by the State, but notes that it does
not contain elements that would permit it to conclude that the general policies of health
care offer an adequate mechanism for the specific needs of reparation for the violations of
human rights declared in this case. Therefore, the Court considers it necessary that the
State offer adequate care for the harm suffered by the victims. This measure applies to
those persons, listed in Annexes B(3) and B(5) of this judgment, whose right to personal
integrity was infringed. Therefore, as in other cases,213 the Court orders the State to offer,
free of charge, through its specialized institutions, adequate and effective psychological or
psychiatric care to the victims, listed in Annexes B(3) and B(5) of this judgment, who seek
it, with prior informed consent, including the medicine, without charge, that they may
eventually require, taking into consideration the afflictions of each of the victims. This
implies that the victims must receive a differentiated treatment with respect to the
processes and procedures necessary to be cared for in public institutions. The particular
circumstances and needs of each victim must be taken into account in providing
psychological or psychiatric treatment in order that they are given collective, family or
individual care, depending on what has been agreed with each one and following an
individual evaluation. The respective psychiatric or psychological care must be offered for
as long as necessary, at the closest centers to the residence of the victims as possible and,
in any case, at a place that is accessible to those persons.
156. The victims who request some measure of rehabilitation must, within six months of
notification of this judgment, inform the State, personally or through their representatives,
of their intention to receive care. Once the State receives such notification, it must
immediately begin to offer the treatment.
157. With respect to medical or health care other than psychological or psychiatric care,
the Court does not consider it necessary to order a specific measure and, in relation
thereto, it bears in mind the measure of establishing a health center in the Community,
which will be dealt with subsequently (infra paras. 164 to 167).
C.2. Measures of satisfaction
Cf. Case of the Las Dos Erres Massacre v. Guatemala, para. 270 and Case of V.R.P., V.P.C. et al. v.
Nicaragua, supra, para. 352.
213