could not assume this, because it was not a public service, and was not provided in El
Salvador; moreover, the State had not even assumed the expenses of the said evaluation.
Regarding the agreement signed with the Universidad de San Carlos de Guatemala, the
representatives indicated that they had not been advised of the contact details of the person
with whom the victim should communicate in order to start the treatment. They also
indicated the victim’s wish to receive psychological care promptly, and that she has not
been able to receive this because it has not been possible to arrange her return to El
Salvador. Therefore, they considered it necessary that the State deliver, as soon as
possible, the sum of US$7,500.00 (seven thousand five hundred United States dollars)
mentioned in the Judgment, without prejudice to her being attended by the Salvadoran
public health authorities when her return to El Salvador is arranged. Based on the foregoing,
the representatives asked the Court to consider that this measure of reparation had not
been fulfilled and to continue supervising compliance with it.
35.
The Commission assessed positively the medical services offered by the State to the
victims and recalled that the implementation of the health measures should be
differentiated, individualized, preferential, comprehensive, and provided by specialized
institutions and personnel. It also recalled that the attention should be provided promptly,
avoiding subjecting the beneficiaries to bureaucratic processes or other types of procedures
that obstruct their access to this attention. Accordingly, it considered that the Court should
request the State to provide information regarding the measures taken: (i) to avoid the
obstacles that some victims would have to accede to medical care, and (ii) to initiate the
agreed psychosocial assistance to the victims and next of kin. In addition, regarding the
situation of Gregoria Herminia Recinos Contreras, the Commission awaited information from
the State regarding the execution of the payment established in the Judgment and the
measures adopted to provide the required health services.
36.
The Court appreciates the fact that the measures the State is taking to provide
health care services are resulting in progress in the execution of this measure of reparation.
These measures consist in: appointments with general and specialized medical personnel,
delivery of medication, laboratory tests and their medical evaluation, surgery, and dental
care. The Court also appreciates the fact that the State is making an effort to improve
internal coordination so as to improve compliance with this measure of reparation. In
addition, notwithstanding the provisions of paragraph 214 of the Judgment, the Court
assesses positively and takes note of the agreements and coordination between the State
and the representatives in order to set up a comprehensive program of psychosocial
assistance and, in particular, that the professional who will be responsible for providing
psychosocial assistance to each of the victim’s families in the case has been identified.
37.
Regarding the obstacles indicated by the representatives (supra para. 33), the Court
recalls that, as decided in the Judgment (supra having seen paragraph 1), the State is
obliged to “provide medical and psychological or psychiatric treatment to the victims who
request it, free of charge, immediately, adequately and effectively […].The treatment must
include the provision of the medication they may need, also free of charge, based on the
ailments of each person,”17 for as long as necessary. Consequently, the Court asks the State
to present updated information corroborating that the necessary treatment and medication
is being provided to the beneficiaries of this measure of reparation regularly, fully and
effectively.
17
Case of Contreras et al. v. El Salvador. Merits, reparations and costs. Judgment of August 31, 2011.
Series C No. 232, para. 200.
14