53
c)
Medical, psychiatric, and psychological assistance
199. The common intervener indicated that “the State is obligated to provide free
medical and psychological assistance to the next of kin of Ramón Mauricio García
Prieto, such that they may access a State medical institution which provides
adequate and personalized attention, and which may help them to heal the physical
and psychological injuries suffered by them [and that] this measure include the costs
of the medication that may be prescribed.” On this issue, neither the Commission nor
the State specifically referred to this request.
200. The Court would like to emphasize that expert witness Mauricio José Ramón
Gaborit Pino concluded that, with respect to Ramón Mauricio García Prieto’s parents,
“their life now revolves around the traumatic event. The feelings of powerlessness
and that justice has been denied them invade their daily lives and has conditioned all
of their future plans.”113
201. The Court finds that it is necessary to order measures of reparation in order
to reduce the mental suffering of José Mauricio García Prieto Hirlemann and Gloria
Giralt de García Prieto. To this end, the Court orders the State to provide adequate
treatment and medication needed by these individuals, through its public health
services, free of charge, for as long as necessary, and given their prior consent and a
medical evaluation.
When providing the medical, psychological, or psychiatric
treatment required, the particular needs and circumstances of each person should be
considered, in order to provide the proper treatment.
D) Expenses and Costs
202. As the Court has indicated on other occasions, the expenses and costs are
included within the concept of reparations enshrined in Article 63(1) of the American
Convention.114
203. In the present case, the Commission requested that that the Court order the
State to pay the legal costs and expenses that the next of kin of Ramón Mauricio
García Prieto have incurred during the proceedings related to this case both in the
domestic and international fora.
204. The common intervener requested that the Tribunal order the State to pay
US$40,987.32 (forty thousand nine hundred eighty-seven United States Dollars and
thirty-two cents) for the expenses incurred by IDHUCA. This organization has
assisted the García Prieto Giralt family in their judicial efforts at the domestic level.
Likewise, the common intervener requested a sum of US$14,055.24 (fourteen
thousand fifty-five United States Dollars and twenty-four cents) for the expenses
incurred by CEJIL. This organization acted together with IDHUCA as representatives
of the victims from the time of the initial complaint submitted to the Commission on
October 22, 1996. Lastly, in addition to these amounts, the common intervener
requested costs and expenses incurred from the time of the submission of the
113
Cf. Expert report rendered by Mauricio José Ramón Gaborit Pino before a notary public on
January 10, 2007 (Merits file, volume 3, page 659).
114
Cf. Case of Garrido and Baigorria, supra note 107, para. 79; Case of Cantoral Huamani and
García Santa Cruz, supra note 10, para. 203; Case of Zambrano Vélez et al., supra note 10, para. 159;
and Case of Escué Zapata, supra note 10, para. 186.
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