133
548. Although the Tribunal appreciates the medical and psychological care that the
State has provided to some of the victims, the State did not prove that each of the
next of kin had received or continues to receive some form of psychological, psychiatric
or medical treatment, and did not validate the quality of the care or the consultations,
and the progress made by the patients to date.
549. Consequently, as a measure of rehabilitation, the Court orders the State to
provide appropriate and effective medical, psychological or psychiatric treatment,
immediately and free of charge, through specialized state health institutions to all the
next of kin considered victims by this Tribunal in the case sub judice, if they so wish.
The State shall ensure that the professionals of the specialized health care institutions
who are assigned to treat the victims assess the psychological and physical conditions
of each victim, and have sufficient training and experience to treat both the problems
of physical health suffered by the next of kin, and also the psychological trauma as a
result of the gender-based violence, the absence of a State response, and the
impunity. In addition, the treatment must be provided for all the time necessary and
include the supply of any medication that may be required.528
6.
Compensation
550. The State advised that, based on the acknowledgement of partial violation of
the right to mental and moral integrity of the next of kin, it had granted, through its
local and federal authorities, a series of measures of assistance to repair said
violations.529 Hence, the State asked the Court to “analyze the data provided on the
material support awarded to the next of kin of [the three victims] in order to determine
that it had complied with the international obligation to compensate the victims owing
to the acknowledgement of responsibility for the partial violation of said rights.”
551. The representatives indicated that “the only special support given to the
victims’ families […] is the so-called ‘Financial Support Fund for the Families of Victims
of Murders of Women,’ created in 2005 expressly to compensate the families of Ciudad
Juárez victims of femicide,” and that “it is these amounts that the victims’ families
have acknowledged as compensation or special payment for reparation of pecuniary
damage, although they disagree with the requirements, procedures and conditions for
its award because, before it was handed over, they were asked ‘to accept’ the remains
of their daughters and to ‘desist’ from requesting DNA testing that would prove the
family relationship.”
552. The representatives acknowledged that the State had granted the following
resources from the Financial Support Fund for the Families of Victims of Murders of
Women (hereinafter “the Support Fund”), to the persons listed below:
Next of kin
Esmeralda Herrera Monreal
Irma Monreal Jaime
Benigno Herrera Monreal
Amount
$136,656.00 pesos
$34,164.00 pesos
528
Cf. Case of Kawas Fernández v. Honduras, supra note 190, para. 209, and Case of Anzualdo Castro
v. Peru, supra note 30, para. 203.
529
The State quantified the value of the material assistance as follows: $551,874.27 (five hundred and
fifty-one thousand eight hundred and seventy-four Mexican pesos with 27/100) for the next of kin of Laura
Berenice Ramos Monárrez; $545,358.01 (five hundred and forty-five thousand three hundred and fifty-eight
Mexican pesos with 01/100) for the family of Esmeralda Herrera Monreal, and $504,602.62 (five hundred
and four thousand six hundred and two Mexican pesos with 62/100) for the next of kin of Claudia Ivette
González.
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