10
and Erlinda Serrano-Cruz and establish their filiation. In view of the foregoing, the
State shall provide information to this Court regarding the measures adopted to
develop and implement, as soon as practicable, such genetic information system.
*
*
*
32.
As regards the duty to provide, free of charge, through its specialized health
institutions, the medical and psychological treatment required by the next of kin of the
victims (eleventh operative paragraph of the Judgment), the State reported that: a) “it
continues to provide free medical care to the Serrano-Cruz family, taking into account
the specific needs and conditions of each member of the family;” b) “efforts have been
made to overcome the shortcomings pointed out in the past;” c) “staff from the
Ministry of Foreign Affairs accompanies the members of the Serrano family for medical
care and provision of medicines, which are provided by the State free of charge,” and
that d) transportation and meals for the family during their medical visits are provided
by the Ministry of Foreign Affairs. In addition, the State pointed out that “the
necessary coordination with the Ministry of Health and Social Welfare has been
established and the participation of different authorities of national hospitals has also
been obtained.” In relation to the provision of free psychological services, it stated that
they have revisited this point after discussing the issue with the Asociación ProBúsqueda and that, since January 25, 2010, there is an “inter-institutional agreement
for the provision of psychosocial care to the Serrano-Cruz family;” which services will
be provided by the Universidad Centroamericana José Simeón Cañas “given their
extensive experience in treating survivors of the internal armed conflict.” It also
asserted that there would be no impediment to providing psychological services as
soon as possible.
33.
Even though the representatives recognized that there had been “significant
progress” in the provision of medical care and medicines to the members of the
Serrano-Cruz family, there are still “serious shortcomings”. In particular, they
expressed concern over the fact that the members of the family need to be
accompanied by an officer of the Ministry of Foreign Affairs in order to receive medical
care. In this connection, they pointed out that “the employees who work at the health
center where […] they normally go have no knowledge of the Judgment and, in the
event [they] are not accompanied by a member of the Ministry of Foreign Affairs, they
will not be able to [receive such care].” Moreover, they reported that "whenever the
members of the Serrano-Cruz family need to undergo medical tests, these […] are
scheduled for dates far into the future.”
34.
The Commission appreciated the progress achieved and pointed out that “the
problems related to the need to be accompanied by members of the Ministry of Foreign
Affairs may represent a future limitation to the provision of medical care,” and
considered that it was necessary for the State to “take the necessary steps to inform
those in charge of providing medical care of the nature of such care, which derives
from a Judgment rendered by the Inter-American Court, and that it is a measure of
reparation ordered as a consequence of human rights violations."
35.
The Court appreciates the progress made in relation to the provision of free
medical care to the Serrano-Cruz family, including free medicines as well as travel and
meal expenses related to such care. Moreover, the Court also values the State’s efforts
to improve internal coordination in order to best comply with this measure of