- 120 -
assistance to victims of discrimination and gender-based violence, continue or open the wideranging, systematic and thorough investigations required to determine, prosecute and punish, as
appropriate, those responsible for the sexual violence and torture suffered by the eleven women
victims in this case. In addition, it must investigate possible links between those directly
responsible and their ranking superiors in the perpetration of the acts of torture, sexual violence
and rape, individualizing those responsible at all levels of decision, whether municipal, state or
federal.
339. This Court also considers that the State shall, within a reasonable time, determine, through
its competent public institutions, the possible responsibilities of the officials who, through their
actions, contributed to the perpetration of acts of re-victimization and institutional violence to the
detriment of the eleven women and, as appropriate, apply the consequences established by
domestic civil or criminal law.446 In keeping with its consistent case law, 447 the Court finds that the
State shall ensure the full access and capacity to act of the victims or their next of kin at all
stages of the investigation and prosecution of those responsible, pursuant to domestic law and
the provisions of the American Convention. Likewise, the final judgments in the corresponding
proceedings must be published, so that Mexican society may know the facts that are the purpose
of this case, as well as those responsible, after consulting the victims with regard to those aspects
that could affect their intimacy and privacy.
D. Measures of rehabilitation and satisfaction, and guarantees of non-repetition
D.1 Measure of rehabilitation
340. The Commission asked that the State “[p]rovide, free of charge, immediately, and for as
long as necessary, medical and psychological or psychiatric care, as appropriate, to the victims in
this case who request this and by mutual agreement with them.” The representatives asked the
Court to require the State to guarantee the victims appropriate medical care provided by “trusted
competent professionals […],” from either the public or private sector, as requested by the
victims. The representatives also asked that Mexico be required to provide the psychological
treatment required by the eleven victims and their next of kin affected by the events. In addition,
they asked that the care include the possibility of receiving treatment from professionals in
alternative medicine, such as acupuncture and chiropractice. The State indicated that “[t]he
measures of reparation requested by the representatives aimed at the rehabilitation of the victims
have been executed and the State should be allowed to continue executing them through its own
mechanisms”; also, that such measures had been available to the victims since 2013. However, it
indicated that, in order to have access to these measures, the victims would have to exhaust the
procedures established in the domestic sphere.
341. The Court has verified the severe violations of personal integrity suffered by the eleven
women and their family members as a result of the facts of this case (supra paras. 320 to 324).
Therefore, the Court finds it necessary to establish a measure of reparation that provides
adequate care for the physical, psychological or psychiatric problems suffered by the victims as a
Case of V.R.P., V.P.C. et al. v. Nicaragua. Preliminary objections, merits, reparations and costs. Judgment of March
8, 2018. Series C No. 350, para. 345.
446
Cf. Case of El Caracazo v. Venezuela. Reparations and costs. Judgment of August 29, 2002. Series C No. 95, para.
118; Case of Osorio Rivera and family v. Peru. Preliminary objections, merits, reparations and costs. Judgment of
November 26, 2013. Series C No. 274, para. 245, and Case of Rodríguez Vera et al. (Disappeared from the Palace of
Justice) v. Colombia. Preliminary objections, merits, reparations and costs. Judgment of November 14, 2014. Series C No.
287, para. 559.
447