6
information provided by the State in its latest report. Nevertheless, the State has not
forwarded the requested information which would allow the Court to evaluate how “the
principles, which should regulate the treatment of those who suffer from mental
disabilities according to the relevant international standards and those established in
the […] judgment,” have been included in the program of courses and other training
activities on mental health care that have been implemented. Furthermore, even
though Brazil mentioned, in general, that different specialization courses in mental
health care had been offered that had benefited more than 800 professionals, the
State did not specify the content or when the said courses where given; it did not
detail the number of advanced and refresher courses offered following the judgment,
or the content or the number of professionals who had benefited from them; in
addition, it did not specify how many of them work in psychiatric institution with
characteristics similar to those of the Guararapes Rest Home (Casa de Reposo).
20.
Consequently, in order to evaluate how these or other activities are adapted to
the measure of reparation ordered in the judgment, the Court reiterates that, in its
next report, the State must refer only and specifically to: (i) the training activities, of
different levels, implemented following the judgment, and addressed at personnel
connected to mental health care in institutions of the same nature as the Guararapes
Rest Home (supra considering paragraph 18), whose the content refers to the
principles that should regulate the treatment of those who suffer from mental
disabilities, in accordance with the relevant international standards and those
established in the […] judgment,”9 and (ii) the number of participants in these
activities.
THEREFORE,
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authority to monitor compliance with its judgments and in accordance
with Articles 33, 62(1), 62(3), 65 and 68(1) of the American Convention on Human
Rights, 25(1) and 30 of its Statute, and 69 of its Rules of Procedure,10
DECLARES THAT:
1.
As indicated in the twelfth and twentieth considering paragraphs of this Order,
the Court will keep open the procedure of monitoring compliance with the points that
establish the obligation of the State to:
(a)
Guarantee, within a reasonable time, that the domestic proceedings to
investigate and, if appropriate, punish those responsible for the facts of this
case are effective (sixth operative paragraph of the judgment), and
(b)
Continue implementing an education and training program for the
medical, psychiatric, psychological, nursing, and nursing auxiliary personnel and
for all those connected with providing mental health care, in particular, with
regard to the principles that should govern the treatment of individuals with
mental disabilities, according to the international standards in this regard and
9
Cf. Ximenes Lopes v. Brazil. Merits, reparations and costs. Judgment of July 4, 2006. Series C No. 149,
eighth operative paragraph.
10
The Court’s Rules of Procedure approved at its eighty-fifth regular session held from November 16 to 28,
2009.