2 the American Convention in relation to the obligation set forth in Article 1(1) (Obligation to Respect Rights) of said treaty, to the detriment of Damião XimenesLopes (hereinafter “Damião Ximenes-Lopes”, “Ximenes-Lopes” or “the alleged victim”), for the alleged inhuman and degrading hospitalization conditions of Damião Ximenes-Lopes, a person with mental illness; the alleged beating and attack against the personal integrity of the alleged victim as a result of the action of the Officers of Casa de Reposo Guararapes (Guararapes Rest Home) (hereinafter “Casa de Reposo Guararapes” or “the hospital”); his death while held under psychiatric treatment; and the alleged lack of investigation and respect for the right to a fair trial that derived in the impunity surrounding such case. The alleged victim was hospitalized on October 1, 1999 as part of a psychiatric treatment in Casa de Reposo Guararapes, which is a private psychiatric clinic that operated in the public health system of Brazil, called the Uniform Health System (hereinafter “the Uniform Health System” or “the SUS”), in the Municipality of Sobral, state of Ceará. XimenesLopes died on October 4, 1999 in Casa de Reposo Guararapes after three days of hospitalization. 3. The Commission further stated that the events in the instant case are particularly relevant given the situation of vulnerability of persons with mental illness, and the special obligation of the State to provide protection to individuals held in health centers operating within the State Uniform Health System. Consequently, the Commission requested the Court to order the State to adopt the measures of reparations outlined in the application and to reimburse any legal costs and expenses. II Competence 4. The Court has jurisdiction to hear the instant case pursuant to Article 62(3) of the Convention as Brazil has been a State Party to the American Convention since September 25, 1992 and accepted the contentious jurisdiction of the Court on December 10, 1998. III Proceeding before the Commission 5. On November 22, 1999, Irene Ximenes-Lopes-Miranda (hereinafter “the applicant”) filed an application before the Inter-American Commission against Brazil, in which she explained the events that had befallen her brother Damião XimenesLopes. 6. On December 14, 1999, the Commission processed the application under No. 12,237 and requested the State to report, within the subsequent 90 days, “any element that may allow the Commission to verify whether, in the case of […], all domestic remedies have been exhausted.” 7. On October 9, 2002, during its 116th Regular Session, the Commission approved Admissibility Report No. 38/02 taking into account the position of the