has been signed by the parties to the dispute, who have had an opportunity to present their
observations, that it puts an end to the dispute on the facts, rights and reparations, and that
its content is compatible with the object and purpose of the Convention. Consequently, by
means of this judgment the Court endorses the agreement reached by the parties.
114. The agreed measures of reparation are included in the endorsement of the friendly
settlement agreement. Nevertheless, the Court will analyze them in order to determine their
scope and means of execution, in light of the criteria established in its case law and in relation
to the nature, object and purpose of the obligation to make full reparation for the harm caused
to the victims. 152 Therefore, the agreed measures of reparation must be implemented in
accordance with the terms of this judgment, as follows.
VIII.
REPARATIONS
(Application of Article 63(1) of the American Convention)
115. In the friendly settlement agreement, the State and the representatives agreed to
provide comprehensive reparation for the victims through a series of measures for which they
requested the Court’s endorsement and its supervision of compliance. The various measures
of reparation established by the parties in the friendly settlement agreement are described
below. 153 The Court notes that some of the agreed measures have already begun to be
implemented, which does not prevent the State from ensuring that these comply fully with
the terms established in the agreement.
A.
Measures of restitution and satisfaction
A.1. Comprehensive and specialized medical and psychological care for
victims and their families, including rehabilitation treatment
116.
In the friendly settlement agreement, the State agreed to the following:
The State undertakes to provide all victims with comprehensive and specialized medical
and psychological treatment of high quality, free of charge, so that they can enjoy the
highest possible level of health in the national public health system.
The State recognizes its obligation to provide medical treatment free of charge including,
as a minimum, medical consultations, as well as the provision of the required medicines,
prostheses or other devices necessary for the victims to lead a decent life. This also includes
access to other specialized medical instruments or equipment that the victims may need.
Treatment shall begin immediately and shall be provided for as long as necessary to restore
the health and integrity of the victims. It shall also include the adoption of relevant
measures to achieve the full integration into society of all victims living with disabilities,
including the necessary rehabilitation treatment to ensure their inclusive social
development.
The required treatments shall be implemented with the prior informed consent of each
patient, based on an individualized and specialized medical assessment and taking into
account their particularities.
Cf. Case of Velásquez Rodríguez. Reparations and costs. Judgment of July 21, 1989. Series C No. 7, paras.
25 to 27; Case of Escaleras Mejía et al. v. Honduras, supra, para. 82.
152
As agreed by the parties, the Court will not mention the monetary sums that the State agreed to pay the
victims and their families as reparation, nor those that correspond to the Miskito organizations for costs and expenses.
153
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