8
report, which [would] allow determining the needs of the victims’ next-of-kin and
continuing, in a reliable way, with the treatment stage”. In addition, the State informed that
it had held several meetings with the representatives in order to agree on the details of the
diagnosis stage.
22.
That the representatives stated that “[in] the year 2008, an agreement process [has
begun] in order to comply with this measure, to which the [UNDP] was linked and during
which an assessment of the situation of the beneficiaries of the measure was made, in the
months of November and December 2008”. In addition, the representatives informed that
on February 17, 18 and 19, 2008, a seminar on the “reparation by means of medical and
psychological treatments from a psychosocial viewpoint in relation to the compliance with
the judgments of the Inter-American Court" was conducted. In such seminar, it was agreed
“that, provisionally, the entities in charge of making the initial diagnosis should provide the
basic psychological and medical treatment to the beneficiaries of the measures, which is
ineffectual since such entities have not been hired by the State to play that role". According
to the representatives, up to date “no progress has been made in relation to this measure”.
Moreover, they pointed out that the victims considered it was offensive that state
authorities had left the seminar precisely when the victims' direct participation was planned.
23.
That the Commission “t[ook] note of the efforts made by the Colombian State in
preparing the diagnosis report” but it indicated that “it is waiting for information on the
specific actions in relation to the effective administration of the medical treatment ordered
by the Court as soon as possible".
24.
That this measure of reparation ordered by the Tribunal (supra Having Seen clause
1.16) seeks to reduce the physical and psychological sufferings of all the next -of kin -of the
executed victims by providing collective, family and individual treatments taking into
account the specific circumstances and needs of each person. In such regard, the State
must provide, free of charge, the appropriate treatment for such people, once they have
expressed their consent, and for the time necessary, including medication.15
25.
That the Court notes and values that the State has adopted certain measures
tending to comply with this obligation. In particular, the Tribunal acknowledges that the
State has come to an agreement with the UNDP to make a diagnosis of the situation of the
families that are beneficiaries of the measure, as well as of the beneficiaries of the
reparations ordered in other judgments delivered by this Tribunal. In this sense, the Court
emphasizes that, in the months of November and December, 2008, a diagnosis of the
treatment required by the beneficiaries was made. The foregoing constitutes a specific step
towards the provision of treatments considering the specific circumstances and needs of
each person, in accordance with the terms of the Judgment.16
26.
That, in spite of the diagnosis and that three years have passed since the notice of
the Judgment, the State has not informed on the measures adopted to effectively provide
the treatment required by the beneficiaries. As a result, the Court hopes for the State to
adopt the remaining measures in order to implement the treatment program so required
and include the victims who have still not been evaluated, in the treatment plans. In this
sense, the State must furnish specific and detailed information on the appropriate treatment
15
Cf. Case of the Ituango Massacres, supra note 7, para. 403
16
Cf. Case of the Ituango Massacres, supra note 7, para. 403