393. The Commission asked, in general, that the State be ordered “[t]o establish integral
reparation in favor of Ms. J. for the human rights violations that are declared. […] This reparation
should include both the pecuniary and the non-pecuniary aspects. If the victim so wishes, it should
provide the pertinent measures of rehabilitation for her physical and mental health condition.” For
its part, the State indicated that “[i]n its judgments in similar cases, the Inter-American Court has
recognized […] that, in the face of this type of situation – terrorism – reparation is made by new
trials conducted in keeping with international standards that satisfy the guarantees of due process.
Thus the criminal proceedings opened against Ms. J. before the National Criminal Chamber abides
by both the recommendations made by the Commission and the mandates of the Inter-American
Court, as well as the precepts of the Peruvian Constitutional Court, respecting all the guarantees of
due process.”
394. International case law and, in particular, that of the Court has established repeatedly that
the judgment constitutes per se a form of reparation. 555 Nevertheless, considering the
circumstances of this case and the harm to the victim derived from the violation of Articles 5, 7, 8
and 11 of the American Convention, in relation to Articles 1(1) and 2 of this instrument, the Court
finds it pertinent to determine the following measures of reparation.
C.1) Rehabilitation
395. The Court notes that, when she arrived in the United Kingdom, Ms. J. had tuberculosis,
which she probably contracted while she was in prison (supra para. 114). In addition, she was
unable to endure being in small spaces and frequently cried when confronted with memories of her
past experiences. 556 According to a psychological report prepared by the Traumatic Stress Clinic,
Ms. J. suffers from complex chronic post-traumatic stress (supra para. 114). The report indicated
that, as described by Ms. J., she relives the events through images, nightmares and flashbacks.
This may be caused by internal or external stimuli that represent an aspect of her traumatic
experience. These circumstances are accompanied by intense psychological stress with tachycardia,
sweating, dizziness, nausea and, sometimes, vomiting. In addition, Ms. J. states that she avoids
certain thoughts, feelings or situations related to the events; for example, she avoids people from
her country and speaking her own language. Ms. J. also suffers from moderate to severe
depression and severe anxiety. 557 This diagnosis was corroborated by Thomas Wenzel, Chair of the
World Psychiatric Association, Section on “Psychological Consequences of Torture and
Persecution.” 558
396. Notwithstanding the foregoing, the Court notes that, based on the information provided, it is
not possible to determine precisely whether the psychological and psychiatric effects described are a
consequence of the facts of this case or of the case of the Miguel Castro Castro Prison v. Peru, in
which Ms. J. was also declared a victim of the violation of her personal integrity, in particular of
torture and other forms of cruel, inhuman and degrading treatment. 559 The Court recalls that, in the
case of the Miguel Castro Castro Prison v. Peru, the Court ordered:
With regard to the victims who substantiate that they are domiciled abroad and prove before the competent
domestic organs, in the manner and within the time frames established in paragraph 433.c.v) and vii) of [that]
555
Cf. Case of Neira Alegría et al. v. Peru. Reparations and costs. Judgment of September 29, 1996. Series C No. 29,
para. 56, and Case of the Constitutional Tribunal (Camba Campos et al.) v. Ecuador, supra, para. 250.
556
93).
Cf. Letter from Dr. Gill Hinshelwood dated October 26, 1994 (file of annexes to the Merits Report, annex 9, folio
557
Cf. Report of the Traumatic Stress Clinic dated November 28, 1996 (file of annexes to the Merits Report, annex 7,
folios 81 a 89).
558
Cf. Medical report of Dr. Thomas Wenzel dated March 10, 2008 (file of annexes to the motions and arguments
brief, annex 60, folio 3192).
559
Cf. Case of the Miguel Castro Castro Prison v. Peru. Merits, reparations and costs, supra, para. 293, 300, 333.
116
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