34 indicating that the patient was “calm, disoriented, […] confused.” No medication was prescribed that day.39 112(7) On October 3, 1999, Mr. Damião Ximenes-Lopes had an aggressive crisis and was disoriented. The alleged victim got into one of the bathrooms of Casa de Reposo Guararapes (Guararapes Rest Home) and refused to come out until he was overpowered and forced out by a nurse’s aide, Mr. Elías Coimbra, together with two other patients, who, according to the nurse’s aide, could help take Mr. XimenesLopes out of the bathroom because they were “oriented and […] had a rather robust physical presence.” When he was being overpowered by one of the patients and forced out of the bathroom, the alleged victim suffered an injury to his face, in the eyebrow region. Mr. Damião Ximenes-Lopes was immediately subjected to physical restraint and the physician who was at Casa de Reposo Guararapes at the time decided to administer “intramuscular fernagan [and] haldol” to the patient.40 112(8) In the evening of the same day, the alleged victim had another aggressive episode and was once again placed under physical restraint, to which he was subjected from Sunday night to Monday morning.41 B) Maltreatment and death of Mr. Damião Ximenes-Lopes 112(9) On October 4, 1999, approximately at 9.00 am, the mother of Mr. Damião Ximenes-Lopes went to visit his son at Casa de Reposo Guararapes (Guararapes Rest Home) and found him bleeding, with bruises, his clothes torn, dirty and smelling like excrement, with his hands tied backwards, having difficulty breathing, agonizing and shouting and calling out to the police for help. Mr. Ximenes-Lopes was still under physical restraint, which had been applied the night before. He already had excoriations and injuries and was allowed to walk without proper supervision. Later, a nurse’s aide laid him on a bed, from which he fell. So he was laid on a mat on the floor.42 112(10) Albertina Ximenes-Lopes requested the employees of Casa de Reposo Guararapes (Guararapes Rest Home) to bathe him and looked for a doctor to examine and treat her son. She found Francisco Ivo de Vasconcelos, clinical director and doctor of Casa de Reposo Guararapes, who, without performing any physical examination of Mr. Damião Ximenes-Lopes, prescribed some medications and then left the hospital. No doctor remained in charge of the institution at the time.43 39 Cf. medical progress report of patient Damião Ximenes-Lopes (record of appendixes to the answer to the application, appendix I, volume I, page 1736). 40 Cf. statement made by Elias Gomes-Coimbra before the Comisaría Regional de Sobral (Sobral Regional Police Station) on November 26, 1999 (record of appendixes to the application, appendix 29, pages 179 to 180). 41 Cf. statement made by Carlos Alberto Rodrigues-dos Santos before the Tercera Sala del Juzgado de Sobral (Third Chamber of the Trial Court in and for Sobral) on April 24, 2000 (record of appendixes to the application, appendix 12, pages 108 to 110). 42 Cf. statement made by Carlos Alberto Rodrigues-dos Santos before Tercera Sala del Juzgado de Sobral (Third Chamber of the Trial Court in and for Sobral) on April 24, 2000, supra note 41; statement made by André Tavares-do Nascimento before the Comisaría Regional de Sobral (Sobral Regional Police Station) on November 26, 1999 (record of appendixes to the application, appendix 29, page 180); and statement made by Albertina Viana-Lopes before the Comisaría Regional de Sobral (Sobral Regional Police Station) on December 7, 1999 (record of appendixes to the application, appendix 32, pages 213 and 214). 43 Cf. statement made by Francisco Ivo de Vasconcelos before theCoordinadora Municipal de Control, Evaluación y Auditoría de la Secretaría de Salud y Asistencia Social Coordinadora Municipal de