13.
The Court does not have any evidence to conclude that Ms. J. was a victim of certain specific
ill-treatment that is alleged to have occurred during her detention in DINCOTE or that the State has
been advised of these facts at the domestic level, so that it has failed to comply with its obligation
to investigate the said supposed facts, in accordance with paragraphs 372 to 375 of this Judgment.
AND ESTABLISHES
unanimously, that:
14.
This Judgment constitutes per se a form of reparation.
15.
The State must open and conduct effectively the criminal investigation into the acts
committed against Ms. J. that violated personal integrity in order to determine the eventual criminal
responsibilities and, as appropriate, apply the penalties and consequences established by law,
taking into account the provisions of paragraphs 391 and 392 of this Judgment.
16.
The State must award Ms. J., once, the amount established in paragraph 397 of the
Judgment, for the expenses of psychological or psychiatric treatment, so that she may receive this
care in her place of residence, should Ms. J. request this treatment.
17.
The State must make the publications indicated in paragraph 398 of this Judgment, within
nine months of its notification, in the terms of the said paragraphs of the Judgment.
18.
The State must ensure that the proceedings underway against Ms. J. observe all the
requirements of due process, with full guarantees of a hearing and defense for the accused, in
accordance with paragraph 413 of this Judgment.
19.
The State must pay the amounts established in paragraphs 417 and 423 of this Judgment,
as compensation for pecuniary and non-pecuniary damage, and to reimburse costs and expenses,
in the terms of the said paragraphs of this Judgment.
20.
The State must reimburse the Victim’s Legal Assistance Fund of the Inter-American Court of
Human Rights the sum disbursed during the processing of this case, as established in paragraph
428 of this Judgment.
21.
The State must provide the Court with a report on the measures adopted to comply with this
Judgment within one year of its notification.
22.
The Court will monitor full compliance with this Judgment, in exercise of its attributes and in
fulfillment of its obligations under the American Convention on Human Rights, and will consider this
case concluded when the State has complied fully with all its provisions.
Done, at San José, Costa Rica, on November 27, 2013, in the Spanish language.
Manuel E. Ventura Robles
Acting President
126
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