96
fourth operative paragraph of the judgment on merits delivered by the Court on April
29, 2004 (supra para. 18), and also Chapter VII entitled Proven Facts (without the
footnotes), and the first to ninth operative paragraph of this judgment, within one
year of notification of this judgment.
e)
Guarantee of non-repetition by providing resources for the collective memory
104. With regard to the guarantees of non-repetition of the facts of this case, the
Court establishes, in fairness, the sum of US$25,000.00 (twenty-five thousand
United States dollars) or its equivalent in national currency, for maintenance and
improvements to the infrastructure of the chapel in which the victims pay homage to
those who were executed in the Plan de Sánchez massacre. Within one year of
notification of this judgment, this sum must be delivered to the members of the Plan
de Sánchez community or their chosen representatives, who will be responsible for
administering it. This will help raise public awareness to avoid repetition of events
such as those that occurred in this case, and keep alive the memory of those who
died.271
g)
Housing program
105. Since the inhabitants of Plan de Sánchez lost their homes as a result of the
facts of this case (supra para. 49(4)), the Court considers that the State must
implement a housing program to provide adequate housing272 to the surviving
victims who live in that village (supra paras. 66(a) and 68(a)) and who require it.
The State must implement this program within five years of notification of this
judgment.
f)
Medical and psychological treatment
106. The victims who have given testimony before the Court or by affidavit have
stated that they suffer from physical and psychological problems as a result of the
facts of this case. Also, the expert witness, Nieves Gómez Dupuis, stated during the
public hearing that the surviving victims of the massacre have mental health
problems and psychosomatic ailments. The Court notes that it should order a
measure designed to reduce the physical and mental sufferings of the victims in this
case (supra para. 49(10)), resulting from the violations, if they so wish.273
107. To help repair this damage, the Court decides that the State shall provide,
free of charge, through its specialized health institutions, the medical treatment that
the victims require, including, inter alia, any necessary medication. The State shall
also create a specialized program of psychological and psychiatric treatment, which
should also be provided free of charge. When providing the psychological and
psychiatric treatment, the special circumstances and needs of each person must be
taken into account, in order to provide collective, family and individual treatment.
271
Cf. Case of the Gómez Paquiyauri Brothers, supra note 251, para. 236; Case of the 19
Tradesmen, supra note 254, para.273, and Case of Molina Theissen. Reparations, supra note 256, para.
88.
272
Cf. Application of the International Covenant on Economic, Social and Cultural Rights, General
Comment 4, The right to adequate housing (paragraph 1 of Article 11 of the Covenant) (Sixth session,
1991), U.N. Doc. E/1991/23.
273
Cf. Case of the “Juvenile Reeducation Institute”, supra note 3, para. 318; Case of the Gómez
Paquiyauri Brothers, supra note 251, para. 207, and Case of the 19 Tradesmen, supra note 254, para.
277.
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