13.
The State reported that it issued “an ID card to the members of the Portugal
family in order to inform the medical staff […] of the case and of the State’s obligation
to provide medical attention free of charge.” It also appointed a medical team and a
social worker to provide assistance to the Portugal family and “has coordinated
psychological and [physical] treatment” for Patria Portugal, Franklin Portugal and
Graciela De León Rodríguez. The State indicated that it is taking steps to carry out the
initial evaluation.
14.
The representatives pointed out that “the State’s obligation in relation to this
measure is not to provide care –even special [care] - for the ordinary ailments suffered
by these individuals. Rather, the main goal is to provide reparation for the
psychological and physical damage caused to the victims by the forced disappearance
of Heliodoro Portugal.” The representatives stated that in order to comply with the
Judgment it is necessary “to carry out a comprehensive diagnosis of the beneficiaries,
in order to understand their physical and mental health situation and provide the
specialized care they require, according to their specific circumstances and needs.” The
representatives added that the treatment must be agreed and accepted by the
beneficiaries, and must be provided by health care professionals in whom they trust.”
They emphasized the situation of Graciela De León, who does not live in Panama City
and “is unable to benefit from the arrangements made by the State with the Hospital
Santo Tomás.” They also reported Mrs. Portugal had attended meetings “to coordinate
the provision of medical and psychological treatment,” and several agreements were
reached. Finally, they indicated that the State has not responded to the Court’s request
to provide information on the possibility of providing care to persons who have been
subjected to violence, under the terms established by the Pan American Health
Organization.
15.
The Commission indicated that although it considers it important for the
Portugal family to be identified so that medical staff are aware of the special treatment
to which they are entitled, this measure of itself does not ensure adequate compliance
with this reparation measure. It considered that the State must conduct an individual
assessment of the victims as soon as possible, in order to begin the appropriate
treatment for each one, and eventually counteract the effects that this case has had on
their health. Finally, the Commission asked the Court to order the State to submit a
full and detailed report on the progress made regarding this measure, updating the
information on the victims’ mental health.
16.
The Court takes cognizance of the State’s report regarding the issue of an ID
card, the assignation of a medical team and a social worker to provide assistance to
the victims and the care provided by the public health institutions. Nevertheless, the
Court recalls that this measure of reparation must seek to “reduce the physical and
mental suffering that the events of this case have caused the victims,” and therefore
it is essential to conduct an initial assessment of the victims.8 Furthermore, the Court
notes that after more than three years since the Judgment was delivered, the initial
assessment of each victim has not been carried out, this being an essential step to
enable the State to provide them with the most appropriate and effective care.9 In
addition, the Court reiterates that both medical and psychological care must be
8
Cf. Case of Heliodoro Portugal v. Panama. supra note 7 para. 256.
9
Cf. Case of Heliodoro Portugal v. Panama. supra note 7 para. 256.
5