61
immediately, through its specialized medical institutions, to Graciela De León de Rodríguez,
Patria Portugal, and Franklin Portugal. The medical treatment for their physical health must
be provided by personnel and institutions specializing in the ailments suffered by these
persons to ensure that the most adequate and effective care is provided. The psychological
and psychiatric treatment must be provided by personnel and institutions specialized in
treating victims of acts such as those that occurred in this case. This medical and
psychological treatment must be provided as of notification of this judgment and for as long
as necessary; it must include provision of the required medication, and take into account
the ailments of each of the victims following individual evaluation.
vi)
Legislative reform
257. The Commission and the representatives requested, as a guarantee of nonrepetition, that the State undertake the legislative and other reforms necessary to define
the offense of forced disappearance of persons. The representatives also asked that the
State define the offense of torture adequately.
258.
The State indicated that both offenses have now been defined in domestic law.
259. In keeping with the contents of Chapter X of this judgment, the Court considers it
appropriate to order the State to adapt, within a reasonable time, its domestic laws to
define the offenses of forced disappearance and torture in the terms and in compliance with
the obligations assumed under the Convention on Forced Disappearance and the Convention
against Torture, as of March 28, 1996, and August 28, 1991, respectively.
vii)
Other claims for reparation
260. The representatives asked that, in addition to publication of the judgment, the Court
order the State “to produce a video on the context of the military dictatorship and the case
of Heliodoro Portugal; to include the Report of the Truth Commission in the required school
curriculum in Panama; to designate June 9 as the day of the disappeared; to name a public
square in memory of those who disappeared during the military dictatorship; to create a
Special Prosecutor for Human Rights; to adopt a national program of compensation for
families of the victims of forced disappearance and extrajudicial execution, and for the
victims of torture; to create a genetic information database to determine the identity of the
remains of those who disappeared during the military dictatorship; and to use all methods
at its disposal to provide information on the whereabouts of disappeared persons.
261. Regarding these other forms of reparation, the State argued that “they do not
constitute reparation for the damage that Heliodoro Portugal’s next of kin may have
suffered as a result of the facts relating to his death and disappearance.” Consequently, the
next of kin of Heliodoro Portugal lack legitimatio ad causam to make these claims for
reparations, in the understanding that this legitimation is the procedural condition or
characteristic attributed to a specific category of persons, which allows them to formulate
claims with a specific purpose.”
262. The Court observes that most of the measures of reparation requested by the
representatives are designed to raise awareness about forced disappearance in order to
avoid the repetition of facts like those of the present case. However, the Court considers
that the reparations already ordered (supra paras. 240 to 259) go a long way towards
achieving this goal, and therefore it is not necessary to order additional measures in the
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