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participation of the victims’ representatives and that there were some critical points
as to the hiring of an entity to be in charge of the diagnosis stage. During the
hearing, they stated that even though there was a significant delay at the beginning
of the compliance with this measure, important progress has been made since the
agreement with the UNDP and the hiring of specialized private organizations to
provide treatment to the victims of this type of crimes. They acknowledged the
willingness and flexibility that the State showed to carry out this measure. Currently,
by the end of the diagnosis stage and the beginning of the treatment stage, they
expressed the following concerns: i) the importante of considering that the diagnosis
stage only covered a part of the victims; in this sense, the duty to look for the other
people and include them in the process is still pending; ii) the need for the treatment
stage to directly begin after the diagnosis stage, in order to avoid mistrust and the
re-victimization of the victims; iii) the importance for the same organization that was
in charge of the diagnosis to provide the treatment, in view of the reliable
relationship built; iv) the implementation of this measure as to the health is still
pending; therefore, they request the State to provide further information in order to
learn more about the plan mentioned by the State and submit their comments.
52.
That the Commission, in addition, positively valued the important progress
made at the end of the diagnosis stage, but it is waiting for information regarding
the second treatment stage and, particularly, the implementation in connection with
health. Furthermore, it noted that, so far, the treatment refers to the psychological
and psychosocial part, but the aspect of the medical treatment has still not been
implemented.
53.
That the Court values the actions taken as a part of execution of this measure
as well as the willingness to include this aspect in the execution of the agreement
mentioned by the State for the comprehensive treatment of the victims of the armed
conflict from a psychosocial point of view. The Tribunal values the efforts shown by
the State upon the execution of the agreement between the Ministry of Social
Protection and the United Nations Development Program; the psychosocial nature of
the measures that are being adopted and the investment and procedure in the
system of evaluation and treatment. Moreover, this Tribunal expressed satisfaction
that the State has adopted a comprehensive approach for the implementation of this
measure, which includes the different cases where the Court has delivered
judgments and ordered this measure of reparation.
54.
That, in addition, the Court notes that the appropriate treatment for the
victims’ next-of-kin was an obligation of immediate compliance on the part of the
State. In this sense, it is worrying that the diagnosis of the next-of-kin, considering
their treatment, has taken more than three years in being carried out. The Court
hopes that the second stage of psychosocial treatment begins, forthwith, and for the
State to adopt the remaining measures to implement the program of medical
treatment and include, in the plans, the victims who have not been evaluated yet.
Moreover, without detriment to the measures the State shall adopt within the
framework of the general health system, it is necessary for the State to provide, free
of charge, the victims of the instant case with thorough and comprehensive
preferential treatment, including the medicines they may require. Certainly, the
consent and cooperation of the beneficiaries of these measures are essential for the
effective provision of the treatment owed to them. To this end, it is important that
the State authorities continue having the cooperation of the representatives to
include the rest of the people. The State has undertaken to guarantee that there will
be no more interruptions between the diagnosis and treatment stages. Therefore,
the State shall continuously inform, in time fashion, on the progress and results in
the implementation of this measure.