79
mentioned that the measures “must take into particular consideration the
expectations of the victim in his capacity as alien regarding Panama, and it is also
necessary to provide the necessary means so that his migratory status does not
constitute an obstacle to the compliance with such reparations.” Likewise, it indicated
that the State is obliged to prevent further human rights violations. The
representatives indicated that these reparations are very important, not only for the
instant case, but also to prevent the recurrence of said violations. The State
mentioned, in addition, that it has adopted some measures that coincide with the
ones described in the claims of the petitioners, which are being fully implemented.
261. The Tribunal shall determine the measures that seek to repair the nonpecuniary damages and that are not of a pecuniary nature and shall order the
measures of public import or impact.301
1.
Measures of rehabilitation
a)
To provide the victim with adequate medical and psychological
treatment
262. The Commission requested the Court to order the State to provide medical and
psychological treatment to mitigate the physical and mental effects of the inhumane
conditions of imprisonment to which Mr. Vélez Loor was subjected. The
representatives, moreover, requested the Court to order the State to provide, free of
charge, medical and psychological treatment to Mr. Vélez Loor, including the
medicines he requires. They specified that “[b]ased on the fact that the victim does
not reside in Panama, the State must adopt the measures so that he is treated in
Santa Cruz, Bolivia - where he currently resides- by personnel and institutions
specialized in the treatment of victims of violent facts like the ones committed in the
instant case.” The corresponding treatment “must be administered once the victim
has undergone a complete diagnosis” and according to a plan for its implementation.
The State expressed that there is merit and does not object to the Court ordering
measures of rehabilitation in favor of Mr. Vélez Loor, “in relation to pecuniary and
non-pecuniary damage for the damage caused to him for the violation of his right to
humane treatment [personal integrity], personal liberty, a fair trial [judicial
guarantees], and judicial protection.”
263. The Court deems, as it has held in other cases302 that it is necessary to provide
for a measure of reparation that seeks to provide a treatment adequate to the bodily
and psychological suffering inflicted on the victim. Therefore, having verified the
violations and damage caused to Mr. Vélez Loor while in custody of the State of
Panama (supra para. 227), the Tribunal considers it necessary to order measures of
rehabilitation in the present case, which must take into account the victim's
expectations and his migrant situation (supra para. 258). That is why this Tribunal
does not consider it is appropriate for Mr. Vélez Loor to receive medical and
psychological treatment in Panama; instead, Mr. Vélez Loor must be able to exercise
his right to rehabilitation in the place where he lives in order to comply with the
purpose and end of such rehabilitation. Following this line of thought and having
regard to the considerations (supra para. 258), the Court deems it necessary for
Panama to provide Mr. Vélez Loor with an amount to cover the expenses of the
specialized medical and psychological treatment, as well as other related expenses, at
the place where he resides.
301
Cf. Case of the “Street Children” (Villagrán Morales et al.), supra note 298, para. 84; Case of
Manuel Cepeda Vargas, supra note 11, para. 219, and Case of Chitay Nech et al., supra note 104, para.
242.
302
Cf. Case of Barrios Altos v. Perú. Reparations and Costs. Judgment of November 30, 2001. Series
C No. 87, paras. 42 and 45; Case of Rosendo Cantú et al., supra note 27, para. 252, and Case of
Fernández Ortega et al., supra note 27, para. 251.
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