14.
From the information provided by the State, as well as the observations submitted
by the representatives and the Commission, the Court considers it necessary for the
assessment on compliance with this operative paragraph that the situation of each of the
victims declared in this case be considered.
15.
First, with respect to Ms. Atala, the Court takes note of the request she made
regarding her hope that the State cover the psychiatric treatment that she receives in a
private office. In this regard, the Court is awaiting information and arguments submitted by
the State on this request.
16.
In regard to M., the Court takes note of the observations submitted by the
representatives and the Commission regarding the medical and psychological services that
she is currently receiving from the State and, therefore, requests that the State provide
updated information on the steps that through the competent institutions it is implementing
to carry out the effective psychiatric treatment as established by the Court in its Judgment.
17.
In regard to the situation of girl R., the Court notes that she is willing to receive
medical and psychological care, but there are problems with the implementation of the
services. In this regard, the Court wishes to clarify that the four-year provision of medical
and psychological care ordered in the Judgment will begin to run when girl R. begins to
receive it. However, it is not possible, as stated by the representatives, for the measure to
be postponed until girl R. comes of age, since accepting the abovementioned would run
counter to the provisions in the Judgment, in that the treatment should be immediate. 7
18.
Finally, in regard to the situation of girl V., the Court appreciates the efforts
undertaken by the State in order to establish the free opinion of girl V. on whether she
wishes to be considered an injured party. In particular, the Court highlights the protocol
drafted by experts of the National Youth Service of Chile,8 which establishes a procedure to
carry out the interview with girl V. Notwithstanding the foregoing, the Court recalls that it is
necessary that the will of girl V. be established, otherwise it is not possible to monitor
compliance with the measure of reparation that was ordered in her favor, reason for which,
it urges the State to implement the protocol that was designed for that purpose. Moreover,
the Court wishes to emphasize that, as in the case of girl R., the four years established in
the Judgment for the provision of medical and psychological care in favor of girl V. would
begin to run as of the moment she actually receives it and if she so desires it.
B.
Obligation to issue the publications indicated in paragraph 259 of this
Judgment, within a period of six months as of notification of the Judgment
(operative paragraph three).
19.
The State noted that in regard to the publication of the Judgment on an official
website that “it is available on the official website of the Ministry of Justice, with direct
access from the home page of that site, continuously as of April 23, 2012[, which can be
verified] using the following links:
7
Similarly, Case of Atala Riffo and Daughters V. Chile. Request for Interpretation of the Judgment on the
Merits, Reparations, and Costs. Judgment of November 21, 2012. Series C No. 254, paragraph 27.
8
Cf. Protocol called “procedures for interview in compliance with the Order of the Inter-American Court of
Human Rights” (case file on monitoring compliance, tome I, folios 269).
6