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(UNDP), in order to execute the measure of reparation together with the Ministry of
Social Protection. In this sense, consulting services were hired where experts
assessed the technical capacity of the private entities proposed by the victims’
representatives to execute this measure of reparation. This consulting service gave
rise to a report that established that the private entities had the technical capacity to
make the diagnosis and assessment but that the treatment phase needed the
support of the Republic of Health. After this report, they contacted the private
entities in order to show them the Judgment of the Court and the purpose of this
measure of reparation and, finally, different agreements for each one of the
Judgments of the Court against Colombia were entered into with the private entities,
according to the geographic area. Besides, “in view of the fact that some people
could require urgent medical and psychological treatment, the Ministry of Social
Protection offered the victims' next-of-kin special and immediate assistance for those
who really need it”, but no assistance has been required so far.
30.
That the State specified that this is a psychosocial process that needs to be
executed in two phases: the first phase of diagnosis and assessment, and a second
phase of treatment. For this case, the Two Worlds foundation [Fundación Dos
Mundos] was hired. In February 2009, an international workshop was organized to
learn about the results of the diagnosis of all the judgments, to make the victims’
next-of-kin and their representatives aware of it and to listen to other experiences.
By March 2009, the phase of diagnosis as to 69 beneficiaries of the Judgment had
ended and, in a meeting held after the hearing, some agreements about the
schedule to execute this measure were entered into. According to the State, the
treatment phase shall begin in a combined and parallel manner: on the one hand,
the medical treatment shall be provided by the Republic of Health; on the other side,
the psychosocial treatment shall be provided by the private entities that participated
in the diagnosis and international organizations. At the hearing, the State mentioned
that the Ministry of Social Protection was going to issue, upon consultation with the
representatives, a circular containing precise instructions for the entire health system
in order to provide the victims with preferential treatment, that is, priority, thorough
and comprehensive treatment and medicines.
31.
That the representatives indicated that progress has been made. After the
agreement entered into between the State and the UNDP in 2008, the disagreements
and the lack of coordination with said organization adversely affected the process of
selection and proposals of the organizations that would be in charge of making the
diagnosis, which were made in a very short period, that is, between November and
December 2008. The victims were not totally diagnosed and several people went
through a psychological non-medical assessment; other people were not
interviewed; therefore, they consider that the diagnosis phase has not concluded and
the results of the analysis made by the appointed organizations still need to be
reviewed and discussed. The representatives deem it is essential for the Ministry of
Social Protection to issue a guideline or directive for all the sectors of the Colombian
health network in order to inform them on the State’s obligation to appropriately,
effectively and promptly respond to the victims of these cases. Such guideline or
directive should stipulate criteria and conditions for the State to provide health care
in order to make reparations. Moreover, they considered it was primary to guarantee
the immediate continuation of the treatment to the victims and that the
organizations that made the diagnosis continue with this phase. However, by April
2009 the victims had not heard again from the organizations that made the diagnosis
in order to continue with the treatment, which "jeopardize the progress in terms of