84
shall remain available for, at least, a year and iii) broadcast the official summary,
at least once, on a radio station327 to which the members of the municipalities of
Petatlán and Coyuca de Catalán have access. Said publications and radio broadcast
shall be made within six months following notice of this Judgment.
C.2
Measures of rehabilitation
i) Medical and psychological care
218. The Commission requested the Court to order the State to adopt measures
of medical and psychological rehabilitation for the victims. In turn, the
representatives added that such health care must be provided “by competent
professionals, including the supply of medicines they may require.” The
representatives also requested the Court to declare that the State must cover “any
other expenses related to treatment, such as transportation, among any other
needs that may be required.” It must also be pointed out that for the
representatives “their health care mu[st be] for life […] due to the [alleged] torture
inflict[ed] on Messrs. Cabrera and Montiel].” Furthermore, in their final written
arguments, the representatives requested to comply with such measure “by means
of a reimbursement scheme allowing for the victims to choose the doctors and
psychologists they trust.”
219. In the psychological report of expert witness Ana Deutsch, it was diagnosed
that the victims suffered from post-traumatic stress disorder and major depression,
related to the physical damages resulting from the attacks against their personal
integrity they suffered (supra para. 125). Moreover, expert witness Quiroga
indicated that the attacks against the personal integrity had developed symptoms
that still persist today and that justify the medical care.328
220. The Court deems, as it has held in other cases329 that it is necessary to
provide for a measure of reparation that provides an adequate treatment to the
bodily and psychological suffering inflicted on the victims, taking into account their
needs. Therefore, having confirmed the violations and the damages suffered by the
victims, the Tribunal considers necessary to order measures of rehabilitation in the
instant case. Moreover, the Court notes that Mr. Montiel is not currently living in
Mexico and that Mr. Cabrera García does not live in the state of Guerrero and does
not want his place of residence to be revealed for security reasons.330
221. Following this line of thought, the Court considers necessary for Mexico to
provide Messrs. Cabrera and Montiel with an amount to cover the expenses of the
specialized medical and psychological treatment, as well as other related expenses,
at the place where they reside. In this regard, the Court reiterates that for the
implementation of these measures, the State must obtain the consent of the
327
Cf. Case of the Yakye Axa Indigenous Community v. Paraguay. Merits, Reparations and Costs.
Judgment of June 17, 2005. Series C No. 125, para. 227; Case of Fernandez Ortega et al v. Mexico,
supra note 39, para. 247; and Case of Rosendo Cantú et al v. Mexico, supra note 30, para. 229.
328
Cf. Expert report rendered by expert witness Jose Quiroga before a public notary, supra note
173, folio 1316 to 1328.
329
Cf. Case of Barrios Altos v. Perú. Reparations and Costs, supra note 325, paras. 42 and 45;
Case of Fernandez Ortega et al v. Mexico, supra note 39, para. 251; and Case of Rosendo Cantú et al v.
Mexico, supra note 30, para. 252.
330
In reference to the power-of-attorney presented by the victims' representatives, the InterAmerican Commission requested, by means of brief of July 9, 2009, "to keep the information related to
the current domicile of Mr. Montiel and Cabrera, as well as their respective families, in the more strict
confidentiality […] due to the risks [to] their lives and personal integrities” (record of the merits, volume
I, folio 91).
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