publications and radio broadcasts shall be made within six months following notice of this Judgment. C.2 Measures of rehabilitation i) Medical and psychological care 218. The Commission asked the Court to order the State to adopt measures of medical and psychological rehabilitation for the victims. In turn, the representatives added that this healthcare must be provided “by competent professionals, and must include the supply of any medicines they may require.” The representatives also requested that the Court order the State to cover “any other expenses related to treatment, such as transportation, among any other needs that may arise.” The representatives also emphasized that “healthcare mu[st be provided] for life […] in view of the [alleged] torture inflicted on Messrs. Cabrera and Montiel].” In addition, in their final written arguments, the representatives requested that this measure be applied “by means of a reimbursement scheme that allows the victims to choose doctors and psychologists in whom they trust.” 219. The psychological report issued by expert witness Ana Deutsch diagnosed the victims as suffering from post-traumatic stress disorder and severe depression, related to the physical injuries resulting from the mistreatment suffered (supra para. 125). Moreover, expert witness Quiroga explained that the attacks against their personal integrity had produced symptoms that still persist today and that justify the medical care. 328 220. As it has done in other cases 329 the Court deems it necessary to order a measure of reparation that provides adequate treatment of the physical and mental suffering inflicted on the victims, bearing in mind their specific needs. Therefore, having confirmed the violations and the damages suffered by the victims, the Court considers it necessary to order measures of rehabilitation in this case. Moreover, the Court notes that Mr. Montiel Flores does not live in Mexico and that Mr. Cabrera García does not live in the state of Guerrero and does not wish to have his place of residence disclosed for security reasons. 330 221. Accordingly, the Court considers it necessary that Mexico provide Messrs. Cabrera and Montiel with an amount to cover the expenses of the specialized medical and psychological treatment, as well as other related expenses, at their place of residence. In this regard, the Court reiterates that for the implementation of these measures, the State must obtain the consent of the victims by providing them with previous, clear and sufficient background information. Consequently, the State must pay each of the victims, within a term of two months as of notification of this Judgment, a single payment of US$ 7,500.00 (seven thousand five hundred dollars of the United States of America) to cover specialized medical and psychological treatment, as well as medicines and other related expenses. ii) Removing the victims’ names from all criminal records 328 Cf. Expert report rendered by expert witness José Quiroga by affidavit, supra note 173, page 1316 to 1328. 329 Cf. Case of Barrios Altos v. Peru. Reparations and Costs, supra note 325, paras. 42 and 45; Case of Fernández Ortega et al. v. Mexico, supra note 39, para. 251; and Case of Rosendo Cantú et al. v. Mexico, supra note 30, para. 252. 330 With reference to the power-of-attorney presented by the victims' representatives, the InterAmerican Commission requested, in a brief dated July 9, 2009, "that information related to the current abodes of Mr. Montiel and Cabrera, and their respective families, be kept in the strictest confidence […] given the risks [to] their lives and personal safety” (Merits file, volume I, page 91). 82

Sélectionner le paragraphe cible3

Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières