and Decree 297/010 of October 6, 2010,” it ordered “integral health assistance” for
certain categories of the direct victims of violations of human rights during the military
dictatorship,250 as well as for the “their children and grandchildren, regardless of whether
they are biological or adoptive.”
224. The Court has concluded that there has been harm to the personal integrity of
the victims who are the next of kin of the three extrajudicially executed victims and the
two victims of forced disappearance (supra para. 190).
225. Therefore, the Court considers that it is necessary to order a measure of
reparation that provides adequate attention to the psychological and/or psychiatric
afflictions of the victims who are the next of kin of Luis Eduardo González González,
Óscar Tassino, Diana Maidanik, Silvia Reyes and Laura Raggio, which takes into account
their particularities and history.
226. Consequently, the Court orders the State, in line with the guidelines indicated in
the following paragraphs (infra paras. 227 to 229), to provide those persons with the
psychological or psychiatric treatment that they might require.
227. This treatment should be provided without charge and as a priority and should
include a provision for the medicine that might be necessary and, where appropriate, for
transportation and other directly related and necessary expenses. The treatment also
should be provided, to the extent possible and for the necessary time, in the appropriate
places that are closest to the beneficiaries’ residences. In providing the treatments, the
special circumstances and needs of each victim should be considered, in agreement with
the victim after an individual evaluation.251
228. The State may comply with the measure ordered through public institutions
and/or through actions established in Laws 18,033 and 18,596 and Decree 297/010, as
well as through other existing normative provisions or public policies, as long as they
meet the above-mentioned guidelines. In any case, the psychological or psychiatric
attention to the victim cannot be impeded or delayed by administrative or bureaucratic
rules or processes. Regardless of the eventual application of the norms or policies to
comply with the measure of rehabilitation, they are owed to the victims as victims and
by virtue of the direct mandate of this judgment, which may not be subordinated,
limited, delayed, or impeded by domestic requirements or processes.
229. The beneficiaries have six months of notification of this judgment to confirm to
the State their intention to receive psychological/psychiatric attention.252 For its part,
the State shall also have six months of notification of this judgment to begin to effectively
provide the attention requested. In any case, notwithstanding those time frames, the
State should comply with this measure as promptly as possible. Should the beneficiaries
The State referred to “those persons who might have been detained for more than six (6) months
without having been tried, or who might have been tried or who might have suffered serious wounds because
of or on the occasion of the acts of State agents or who being children have been abducted or have remained
in captivity with their parents.”
250
Cf. Case of Las Dos Erres Massacre v. Guatemala, para. 270, Case of Poblete Vilches et al. v. Chile.
Merits, Reparations and Costs. Judgment of March 8, 2018. Series C No. 349, para. 231 and Case of Garzón
Guzmán et al. v. Ecuador, para. 114.
251
Cf. Case of Rosendo Cantú et al. v. Mexico, para. 253 and Case of Garzón Guzmán et al. v. Ecuador,
para. 114.
252
58