7
psychiatric reform program that, while it predates the judgment given in the instant
case, may yet serve as a mechanism to facilitate compliance with the judgment[.]
Therefore, in order to evaluate compliance with this measure of redress, [the
Commission felt it was] important to have information on the clear objectives and
terms of the reform program and thus ascertain whether in fact it [could] serve as a
useful tool of action for responding to the specific requirements of the Court's
judgment. Finally, the Commission believe[d] that the State should report on actions
taken for the purpose of complying with the specific measure of reparation ordered by
the Court."
19.
That the Court applauds the different training initiatives the State is carrying
out in the field of mental health care and the fact that both long- and short-term
activities are available, distributed among different regions of the country and enjoying
the support of different types of institutions, from municipalities to federal universities.
Nonetheless, the Court draws attention to the report of the representatives and the
fact that workers in psychiatric hospitals do not have a program of continuing
education for their work. In this regard, the Court emphasizes that compliance with
the obligation to continue developing an education and training program should reflect
the stated purpose as a measure to guarantee non-repetition of the acts of violation
declared in the judgment. The Court would recall that in this case, the victim died in
the Guararapes Rest Home, a hospital institution of the public health system.
Consequently, acts of reparation to provide staff training for mental health workers
must necessarily include personnel from the same kinds of institutions as the one
where the violation occurred in this case, that is, psychiatric hospitals.
20.
That for this reason, in its next report the State should respond to the
observations found in the briefs of the representatives and the Inter-American
Commission (supra Considering clauses 17 and 18), and report specifically on training
initiatives, as ordered in the judgment, that cover "the principles that must govern
treatment of patients with mental illness, in accordance with international standards
and the provisions of [the] Judgment ([…] paras. 130 to 135)." It should also report on
the coverage of these initiatives in terms of personnel benefited.
*
*
*
21.
That with regard to the obligations to pay compensation for pecuniary and nonpecuniary damage to family members of the victim and reimburse costs and expenses,
set forth in Operative points 9 to 11 of the judgment, the State reported that on
August 17, 2007, it made bank deposits on behalf of the beneficiaries of reparations,
thus completing all payments owed. The State submitted a copy of Decree No. 6.185
of August 13, 2007, authorizing payment of the reparations ordered in this case, along
with vouchers of the bank deposits.
22.
That the representatives acknowledged and applauded the State for complying
with this obligation.