17
trust and elaboration of the facing process of the victims, which began at the
diagnosis phase.”
32.
That the Commission acknowledged the fact that this measure of reparation
must be seen from a psychosocial perspective, it observed the delay in the diagnosis
phase and it considered it was necessary to allocate resources to the treatment
phase. It also considered it was important to learn about a schedule to conclude the
diagnosis, to begin with the treatment and the logistic aspects of the
implementation.
33.
That the Court values the actions taken as a part of execution of this measure
as well as the willingness to include this aspect in the execution of the agreement
mentioned by the State for the comprehensive treatment of the victims of the armed
conflict from a psychosocial point of view. The Tribunal values the efforts shown by
the State when executing an agreement between the Ministry of Social Protection
and the United Nations Development Program; the psychosocial nature of the
measures that are being adopted and the investment and procedure in the system of
evaluation and treatment. Moreover, this Tribunal expressed satisfaction that the
State has adopted a comprehensive approach for the implementation of this
measure, which includes the different cases where the Court has delivered
judgments and ordered this measure of reparation.
34.
That, in addition, the Court notes that the appropriate treatment for the
victims’ next-of-kin was an obligation of immediate compliance on the part of the
State; therefore, the delays previously mentioned are not positive. This Tribunal
notes that a great part of the next-of-kin of the victims in this case has already been
diagnosed and, as a result, it urges the State to conclude the diagnosis procedure of
all next-of-kin that require so and begin with the treatment phase by means of
specialized institutions, as soon as practicable, in order not to affect the process that
is being developed and gain the confidence of the victims in the health institutions in
charge of providing the treatment. Moreover, without detriment to the measures the
State shall adopt within the framework of the general health system, it is necessary
for the State to provide, free of charge, the victims of the instant case with thorough
and comprehensive preferential treatment, including the medicines they may
require. Certainly, the consent and cooperation of the beneficiaries of these
measures are essential for the effective provision of the treatment owed to them. To
this end, it is important that the State authorities continue having the cooperation of
the representatives to include the rest of the people. Bearing in mind the
commitments made by the State, the State shall continue informing, occasionally, on
the progress made and the results obtained in the implementation of this measure.
*
*
*
35.
That as to the obligation to establish the necessary conditions for the
members of the family of the victim, Antonio Flórez Contreras, who are in exile, to
return to Colombia, if they so wish, and cover the costs they incur as a result of their
return (operative paragraph ten and paragraphs 279 of the Judgment) the State
repeated its willingness to conduct the necessary studies on security and risk in
relation to the members of the family. However, it considered it was necessary for
the Colombian Jurists Commission to provide information on the willingness of the