nearest to their places of residence415 in Chile for as long as necessary. When providing this
treatment, the particular circumstances and needs of each victim must also be considered, as
well as their customs and traditions, as agreed with each of them and following an individual
assessment.416 To this end, the victims must advise the State if they wish to receive this
medical, psychological or psychiatric treatment within six months of notification of this
Judgment.
3.
Measures of satisfaction
a)
Publication and broadcasting of the Judgment
427. CEJIL asked that the Court order Chile: (i) “to publish the pertinent parts of the
judgment once in the official gazette […] and the summary of the judgment prepared by the
Court in another national newspaper with widespread circulation” within “six months of the date
of notification of the Judgment”; (ii) “to publish immediately the complete text [of the
Judgment] on the official websites of the Presidency of the Republic, the Ministry of Foreign
Affairs, the Ministry of Social Development, and the National Indigenous Development
Corporation (CONADI), until it has been complied with fully,” and (iii) “to broadcast, within six
months of notification of the judgment, the official summary on a radio station with broad
coverage in Region IX” and, to this end, “the State must translate the [official summary] into
the Mapudungun language” so that “the Mapuche people may be made aware of it.” The FIDH
requested the “publication of part of the judgment in the media,” and also the “broadcasting of
an official summary of the judgment by radio, in Spanish and in Mapudungun, taking special
care to ensure that it is broadcast in areas with a high concentration of Mapuche people.” It also
requested that the judgment be aired “simultaneously on all television stations at the time of
the main news program.”
428. The Court establishes, as it has in other cases,417 that the State must publish, within six
months of notification of this Judgment: (a) the official summary of this Judgment prepared by
the Court, once, in the official gazette; (b) the official summary of this Judgment prepared by
the Court, once, in a national newspaper with widespread circulation, and (c) this Judgment in
its entirety, available for one year, on an official website of the State, taking into consideration
the characteristics of the publication ordered.
429. The Court also finds it appropriate as it has in other cases,418 to establish that the State
must broadcast the official summary of the Judgment, in Spanish and in Mapudungun, using a
radio station with broad coverage in Regions VIII and IX. The broadcast must be made on the
first Sunday of the month on at least three occasions. The State must advise the common
interveners, at least two weeks in advance, of the date, time and station of this broadcast. The
State must comply with this measure within six months of notification of the Judgment.
430. The two common interveners of the representatives asked that the Court order the State
to make a “public acknowledgement of responsibility” and a public apology to the victims. The
Court considers that the delivery of this Judgment, the measure to annul all the effects of the
criminal judgments (supra para. 422), as well as the measures for the publication and publicity
415
Cf. Case of the Las Dos Erres Massacre v. Guatemala, para. 270, and Case of Osorio Rivera and family members v.
Peru, para. 256.
416
Cf. Case of the 19 Tradesmen v. Colombia. Merits, reparations and costs. Judgment of July 5, 2004. Series C No.
109, para. 278, and Case of Osorio Rivera and family members v. Peru, para. 256.
417
Cf. Case of Cantoral Benavides v. Peru. Reparations and costs, para. 79, and Case of Liakat Ali Alibux v. Suriname,
para. 147.
418
Cf. Case of the Yakye Axa Indigenous Community v. Paraguay, para. 227, and Case of Pueblo Indígena Kichwa de
Sarayaku v. Ecuador, para. 308.
140
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