C. Measures of integral reparation: restitution,
satisfaction, and guarantees of non-repetition
rehabilitation
and
326. The Court will determine other measures that seek to repair the non-pecuniary
damage that is not of a monetary nature, and will order measures of public scope and
repercussion.410
327. International jurisprudence and, in particular, the case law of the Court, has
established repeatedly that the judgment constitutes per se a form of reparation.411
Nevertheless, considering the circumstances of the case sub judice, the sufferings that the
violations perpetrated caused to the victims, as well as the change in the living conditions
and the other consequences of a non-pecuniary nature that the latter suffered as a result of
the violations of Articles 4, 5, 7, 8. 11, 21, 22 and 25 of the American Convention, declared
to the detriment of the victims, the Court finds it appropriate to establish the following
measures.
1.
Rehabilitation
i) Medical and psychological treatment for the victims
328. The representatives asked the Court to order the State to guarantee free, permanent
medical and psychological treatment for the victims. They asked that the said treatment be
provided by “competent professionals, [and that it include] the provision of any medicines
that may be required.” They also asked that the State assume “other expenses related to
the provision of treatment, such as the cost of transport, among other needs that may
arise.”
329. The Court considers, as it has in other cases,412 that a measure of reparation is
required that provides adequate attention to the physical and mental ailments suffered by
the victims, arising from the violations established in this judgment. Therefore, the Court
finds it appropriate to order that the State provide free, immediate, adequate and effective
medical and psychological treatment, through its specialized public health institutions to the
victims that request this. To this end, the specific ailments of the beneficiaries must be
taken into consideration by previously making a physical and psychological or psychiatric
evaluation. In addition, the respective treatment must be provided for as long as necessary
and include the free provision of any medicines that they may eventually require.
330. In particular, the psychological treatment must be provided by State institutions and
personnel specialized in attending victims of acts such as those that occurred in the instant
case. If the State does not have the institutions or personnel able to provide the required
level of care, it must have recourse to specialized civil society or private institutions. When
providing the said treatment, the specific circumstances and needs of each victim must be
considered so that they are offered family and individual treatment, as agreed with each of
410
Cf. Case of the “Street Children” (Villagrán Morales et al.), supra note 43, para. 84, and Case of Mejía
Idrovo v. Ecuador. Preliminary objections, merits, reparations and costs. Judgment of July 5, 2011 Series C No.
228, para. 132.
411
Cf. Case of Neira Alegría et al. v. Peru. Reparations and costs, Judgment of September 19, 1996. Series C
No. 29, para. 56, and Case of López Mendoza, supra note 16, para. 213.
412
Cf. Case of Barrios Altos v. Peru. Reparations and costs. Judgment of November 30, 2001. Series C No.
87, paras. 42 and 45, and Case of Contreras et al., supra note 405, para. 199.
101
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos