time. As of the analysis set forth in this Report, the State had not provided any information on the violations alleged here. III. THE POSITIONS OF THE PARTIES A. The petitioner 7. The petitioner alleged before this Commission that her brother, Mr. Damião Ximenes Lopes, 30 years old, who had a mental illness, was killed on October 4, 1999, at the Casa de Repouso Guararapes, 2 while there for medical treatment. According to the complaint, Mr. Damião Ximenes suffered abuse and torture, and was cared for in an inexpert and negligent manner by the physicians and nurses of said Casa de Repouso, which caused his premature death. 8. According to the statement made by Damião Ximenes’s mother, Mrs. Albertina Ximenes, to the Federal Public Ministry, at her hearing as part of the administrative proceeding opened to investigate the allegations made here, she reported that she had her son hospitalized on Friday, October 1, 1999, and when she went to visit him the following Monday, the guard at said Casa de Repouso informed her that her son was not in a condition to receive visitors. Not satisfied, Mrs. Albertina entered the institution calling her son by his name, and then “he came to her, collapsing, and with his hand tied behind his back, with a bloody nose, his head swollen and his eyes practically shut, falling at her feet, all direct, reeking of feces and urine, that when he fell at her feet she cried out ‘police, police, police,’ and that she did not know what to do, imploring that he be untied; he had bruises all over his body, his head so swollen it appeared not to be his....”. 9. Mr. Damião’s mother recounted that after asking that they bathe her son, she went to find a physician, and, finding one on a mezzanine, she asked him to provide assistance to her son, for otherwise he would die. The physician, according to the petitioner, was Mr. Francisco Ivo de Vasconcelos, director of the Casa de Repouso, and medical examiner at the Instituto Médico Legal of Sobral, who allegedly answered, “Let him die, for whoever is born, it is to die,” and said that she should stop crying because he hated to see people cry. Right where he was, and without examining the patient, the physician prescribed drugs for him. 10. After the aforementioned events transpired, Mrs. Albertina went to look for her son. On the way, she encountered a “cleaning woman” who told her that “the son of the deponent had struggled a great deal with the nurses and had lost a lot of blood.” Immediately thereafter, she found her son “lying on the floor in one of the rooms, completely naked, his hands still tied behind him, that at that moment the nurse said that he had calmed down, that one shouldn’t try to deal with him, since he was now calming down....”. 11. According to the petitioner, after he left her son alive at the Casa de Repouso, and shortly after arriving home, there was already a message waiting for her from the same Casa de Repouso informing her that he had died. On that same day, the physician Francisco Ivo de Vasconcelos left a signed medical certificate at the Casa de Repouso indicating that the cause of death had been cardiorespiratory failure. The physicians of the Casa de Repouso were silent as to the torture and abuse suffered by Mr. Damião, and also as to the drugs taken. 12. She adduced that Damião’s family members, not trusting in the medical examiner’s report that could be produced at the IML of Sobral, since the director of that Institute was also the director of the Casa de Repouso, Mr. Ivo de Vasconcelos, took his corpse to the capital city for an autopsy. To the surprise and desperation of everyone, and in the face of all the physical evidence of torture, the autopsy report did not indicate the cause of death of petitioner’s brother, concluding only that “in the face of what is set forth above, we infer that it is an actual death of indeterminate cause.” 2 According to the report attached by the petitioner, by the GAPH (Group for Monitoring and Evaluation of Hospital Psychiatric Care), the Casa de Repouso Guararapes was, at the time, licensed under the Single Health System, a system maintained by the Federal Government. It appears from the record that Mr. Damião Ximenes Lopes could have been admitted to said Casa de Repouso through the Single Health System. 2