20
50.
By virtue of the provisions of Article 45(1) of the Rules of Procedure, the
Court admits into the body of evidence the documents tendered as part of the
evidence required by the Court, the Commission,13 the representatives,14 and the
State15 (supra para. 40) as evidence to facilitate the adjudication of the instant case.
51.
Furthermore, the Court finds helpful for the adjudication of the instant case
the documents mentioned below and therefore it admits them into the body of
evidence pursuant to the provisions of Article 45(1) of the Rules of Procedure:
Principles for the Protection of Persons with Mental Illness and the Improvement of
Mental Health Care, adopted by UN General Assembly Resolution No. 46/119 of
December 17, 1991; Standard Rules on the Equalization of Opportunities for Persons
with Disabilities, approved by UN General Assembly Resolution No. 48/96 of
December 20, 1993; Pan American Health Organization, Caracas Declaration,
adopted by the Conference on the Modernization of Mental Health Legislation in Latin
America of November 14, 1990; World Psychiatric Organization (WPA), Madrid
Declaration on Ethical Standards for Psychiatric Practice, approved by WPA General
Assembly Resolution of August 25, 1996 as revised on August 26, 2002; Division of
Mental Health and Prevention of Substance Abuse of the World Health Organization.
Ten Basic Principles of Mental Health Care Law, 1996; Committee on Economic,
Social and Cultural Rights, General Comment 5, “Persons with Disabilities”;
Declaration on the Rights of Mentally Retarded Persons adopted by UN General
Assembly Resolution, Document A/8429 of 1971; World Program of Action
concerning Disabled People, adopted by UN General Assembly Resolution 37/52,
Document A/37/51 (1982); Standards of the European Committee for the Prevention
of Torture and Inhuman or Degrading Treatment or Punishment, CPT/Inf/E (2002) 1
– Rev. 2004; World Psychiatric Association (WPA), Declaration of Hawaii/II, adopted
by the WPA General Assembly on 10th July 1983; American Hospital
Association/National Association of Psychiatric Health Systems, Guiding Principles on
Namely: Administrative Decision No. 224/92 of the Ministry of Health of January 29, 1992;
Administrative Decision No. 407/92 of the Ministry of Health of June 30, 1992; Administrative Decision No.
147/94 of the Ministry of Health/ SASS (Secretariat of Health and Social Development) of August 25,
1994; Administrative Decision No. 145/94 of the Ministry of Health of August 29, 1994; Resolution No.
1407/94 of the Federal Council of Medicine of September 30, 1957; Resolution No. 1.408/94 of the
Federal Council of Medicine of June 8, 1994 on the Principles for the Protection of Persons with Mental
Illness and the Improvement of Mental Health Care; and Code of Medical Ethics.
13
Namely: Administrative Decision SNAS No. 224/92 of January 29, 1992; Administrative Decision
/SAS No. 147/94 of August 25, 1994; Administrative Decision /SAS No. 145/94 of the Ministry of Health of
August 25, 1994; Resolution of the Council of Medicine No. 1407/94 of September 30, 1957; Resolution of
the Federal Council of Medicine No. 1.408/94 of June 8, 1994 on the Principles for the Protection of
Persons with Mental Illness and the Improvement of Mental Health Care; Code of Medical Ethics; payment
receipts regarding the life pension benefit received by Mrs. Albertina Viana-Lopes; and list of procedural
update of the criminal and civil proceedings regarding the death of Damiao Ximenes-Lopes, printed from
the web page of the Court of Justice of the state of Ceará.
14
Namely: document entitled “Legislação em Saúde Mental 1990-2004”, publication of the Ministry
of Health of Brazil, including, among others, Administrative Decision SNAS No. 224/92 of January 24,
1992; Administrative Decision SAS No. 147/94 of August 25, 1994; Administrative Decision SAS No.
145/94 of August 25, 1994; record on the inspection conducted by the Sanitary Surveillance Agency,
Secretariat of Health and Social Development, at the Casa de Reposo Guararapes (Guararapes Rest
Home) on October 21, 1999; record on the commencent of proceedings No. 002/99 issued by the Control
and Evaluation Coordination Department on October 20, 1999; record of the hearing held at the Third
Chamber of the Court of Sobral on November 17, 2005; record of the hearing held at the Third Chamber
of the Court of Sobral on December 1, 2005; “payment receipts” regarding the life pension benefit
received by Mrs. Albertina Viana-Lopes, issued by the State of Ceará, printed from Internet on June 21,
2006; and Law No. 13.491 of June 16, 2004.
15