Order of the
Inter-American Court of Human Rights
of September 21, 2009
Case of Ximenes-Lopes v. Brazil
(Monitoring Compliance with Judgment)

HAVING SEEN:
1.
The Judgment on the merits, reparations, and costs (hereinafter, “the
Judgment”) issued by the Inter-American Court of Human Rights (hereinafter, “the
Court”, “the Inter-American Court”, or “the Tribunal”) on July 4, 2006.
2.
The Order entered by the Court on May 2, 2008, on compliance with Judgment,
whereby the Court decided:
[…]
2.
To [...] keep open the procedure to monitor compliance with the paragraphs that impose
upon the State the obligation to:
a)
secure, within a reasonable time, that the domestic proceedings instituted in order to
investigate and punish those responsible for the events in the instant case be operative (Operative
Paragraph No. 6 of the Judgment); and
b)
keep developing an education and training program for staff engaged in health care,
psychiatry, psychology, nursing, and for any person involved in the provision of mental health
services, in particular, covering the principles that govern the treatment of patients with mental
disabilities, pursuant to international standards on the subject and the provisions of the Judgment
(Operative Paragraph No. 8 of the Judgment).

3.
The reports of September 4, 2008, July 20, 2009, and August 18, 2009, and
their related appendixes, whereby the Federative Republic of Brazil (hereinafter, “the
State” or “Brazil”) reported on the reparation measures pending compliance.
4.
The briefs of October 15, 2008, and August 25, 2009, whereby the
representatives of the victim and his relatives (hereinafter, “the representatives”) filed
their observations to the State reports.
5.
The briefs of February 5 and September 8, 2009, whereby the Inter-American
Commission of Human Rights (hereinafter, “the Commission” or “the Inter-American
Commission”) filed its observations to the reports of the State and the briefs of
observations of the representatives.

CONSIDERING:

1.

That monitoring compliance with its decisions is an inherent jurisdictional power

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