judgment, that as a result of the facts of [that] case they need to receive appropriate medical or psychological
treatment, the State must deposit in a bank account indicated by each victim the sum of US$5,000 (five
thousand United States dollars), so that this sum can contribute to the said treatment. 560
397. The Court has not received any information that the State has complied with this measure of
reparation. In the instant case, the Court has established that Ms. J. was a victim of a violation of
Article 5(2) of the Convention at the time of her initial arrest (supra paras. 313 to 368). The Court
considers that, owing to the severity of the said facts, it is possible that they resulted in medical
consequences that must be remedied, without prejudice to the reparation established in the case of
the Miguel Castro Castro Prison. Consequently, as it has in other case, 561 the Court finds it
necessary to establish a measure of reparation that provides appropriate treatment for the
psychiatric or psychological problems caused to the victim. The Court observes that Ms. J. does not
live in Peru, so that, if she requests psychological or psychiatric treatment, the State must award
her, once, the sum of US$7,000.00 (seven thousand United States dollars) for the expenses of
psychological or psychiatric treatment, as well as for medicines and other related expenses, so that
she may receive this treatment in the places where she resides. 562 Ms. J. must advise whether she
wishes to receive psychological or psychiatric treatment within six months of notification of this
Judgment.
C.2) Satisfaction: publication and dissemination of the Judgment
398. If Ms. J. wishes, and advises the Court to this effect, the State must publish, as the Court
has ordered in other cases: 563 (a) the official summary of this Judgment prepared by the Court,
once, in the official gazette; (b) the official summary of this Judgment prepared by the Court, once,
in a national newspaper with widespread coverage, and c) this Judgment in its entirety, available for
one year, on an official website. The State must make these publications within nine months of
notification of this Judgment, if Ms. J. wishes these publications to be made.
C.3) Guarantees of non-repetition: request to adapt domestic law
399. The Commission asked the Court to order the State “[t]o complete the process of adapting
the provisions of Decree-Law 25,475 that are still in force and the incompatibility of which with the
American Convention was declared in the [… Merits] Report.” The State indicated that “part of this
recommendation had already been complied with by adapting and rectifying the law with another
law that respected the due guarantees.” Regarding Article 13(c) of Decree-Law No. 25,475, the
State indicated that, “in the opinion of the Peruvian Constitutional Court, this provision is not
unconstitutional or incompatible with the American Convention […]; thus, this restriction is valid.”
400. First, this Court recalls that the laws applied in this case have already been examined in
previous judgments of the Court. In this regard, the Court reiterates its previous considerations
when exercising its competence to monitor compliance with judgment in the cases of Castillo
Petruzzi et al., Loayza Tamayo and Lori Berenson v. Peru, in the sense that the State has adopted
measures to comply with the reform of domestic law as a result of the violations declared in the
respective judgments. 564
560
Case of the Miguel Castro Castro Prison v. Peru. Merits, reparations and costs, supra, para. 450.
561
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 Mendoza et al. v. Argentina, supra, para. 311.
562
Cf. Case of the Las Dos Erres Massacre v. Guatemala. Preliminary objection, merits, reparations and costs.
Judgment of November 24, 2009. Series C No. 211, para. 270, and Case of Gudiel Álvarez et al. (“Diario Militar”) v.
Guatemala, supra, para. 340.
563
Cf. Case of the Las Dos Erres Massacre v. Guatemala, supra, para. 270, and Case of Gudiel Álvarez et al. (“Diario
Militar”) v. Guatemala, supra, para. 340.
564
Cf. Case of Castillo Petruzzi et al. v. Peru. Monitoring compliance with judgment, supra, considering paragraph
19; Case of Loayza Tamayo v. Peru. Monitoring compliance with judgment, supra, considering paragraph 34, and Case of
117
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