33 contains the facts that this Court finds to be proven, on the basis of the State’s partial acknowledgment of liability, and that relate to the facts included in the application filed by the Inter-American Commission. In addition, the Court has found other facts to be proven, in particular, those related to the police investigation and the court proceedings, in accordance with the evidence furnished by the Commission, the representatives, and the State. A) Medical record of Mr. Damião Ximenes-Lopes 112(1) Mr. Damião Ximenes-Lopes, son of Mrs. Albertina Viana-Lopes and Mr. Francisco Leopoldino Lopes, was born on June 25, 1969. Irene Ximenes-LopesMiranda and Cosme Ximenes-Lopes are two of his siblings. Mr. Damião XimenesLopes was a creative young man, who loved music and the fine arts and wanted to achieve a better financial position.38 112(2) During his youth, Mr. Damião Ximenes-Lopes, developed a mental illness of organic etiology, caused by brain dysfunction. Sporadically, Mr. XimenesLopes experienced difficulties and had specific needs related to his condition. At the time of the events giving rise to this case, Mr. Damião Ximenes-Lopes was 30 years old and lived with his mother in the city of Varjota, located approximately one hour from the city of Sobral, seat of Casa de Reposo Guararapes (Guararapes Rest Home). 112(3) In 1995, Mr. Damião Ximenes-Lopes was admitted, for the first time, to Casa de Reposo Guararapes for two months. Although he was better when he returned home, he had injuries to his knees and ankles, which Mr. Ximenes-Lopes justified by claiming he had been a victim of violence. His relatives believed the version of an officer of Casa de Reposo Guararapes, who asserted, when inquired about the cause of the injuries, that they were self-inflicted while Mr. Ximenes-Lopes was trying to escape. 112(4) A few days before October 1, 1999, Mr. Damião Ximenes-Lopes suffered “anxiety, he would not eat or sleep, [he had to take medication], but he was not taking it at the time.” On Friday, October 1, Mrs. Albertina Viana-Lopes decided to take her son to Casa de Reposo Guararapes (Guararapes Rest Home). While waiting to be admitted, the alleged victim asked his mother “in a calm voice […] whether he was to stay there or go back home with her.” 112(5) Mr. Damião Ximenes-Lopes was admitted to Casa de Reposo Guararapes (Guararapes Rest Home) as a patient of the Sistema Único de Salud (SUS) (Single Health System), in excellent physical condition, on October 1999. He showed no signs of aggression or external injuries. 112(6) In Mr. Damião Ximenes-Lopes’ medical record kept in Casa de Reposo Guararapes (Guararapes Rest Home) of October 2, 1999, there is only one note, 38 Cf. Damião Ximenes-Lopes’s birth certificate (record of appendixes to the application, appendix 21, page 160); statement made by Irene Ximenes-Lopes-Miranda during the public hearing held before the Inter-American Court on November 30, 2005; and report prepared by psychiatrist Lidia Días Costa, at the request of Irene Ximenes-Lopes-Miranda, submitted on December 14, 2002 (record of appendixes to the application, appendix 22, pages 161 to 164). As regards to Mr. Cosme Ximenes-Lopes, in the briefs filed by the parties he is referred to, without distinction, as Cosme or Cosmo Ximenes-Lopes This Court considers that it is the same person; therefore, in this Judgment he will be referred to as Cosme XimenesLopes.

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