65
that the right to the psychological and moral integrity of the victims´next of kin has
been violated as a result of the additional suffering they have endured due to the
specific circumstances of the violations committed against their beloved persons and
to the subsequent actions or failure to act by the State officials regarding such
facts.128
157. After examining the circumstances of the case, based on the American
Convention, and in the light of the principle of iura novit curia, the Court deems the
suffering endured by Ms. Albertina Viana-Lopes, mother of Mr. Damião XimenesLopes, to be proven due to the treatment given to her son by the State, as a result
of which her son died. It was she who left her son under the State custody at the
Casa de Reposo Guararapes since he was ill and she expected that he would recover
there. Notwithstanding, three days after his admission, she found him in extremely
bad conditions, but was unable to do anything for him. She learnt about his death
when she arrived home after leaving him in said institution. This made her very sad
and caused her great pain. After her son´s death, she has suffered from deep
depression and health problems. In this regard, at the public hearing before the
Court her daughter Irene Ximenes-Lopes-Miranda declared that:
[her mother] had her life completely ruined, she still suffers from depression
and says she wants to die, she has lost the will to continue living, had nervous
gastritis and, consequently, a duodenal ulcer which […] was extremely hard to treat
[…].
158. Likewise, in accordance with the specific characteristics of the case, the Court
deems it necessary to examine the situation of Mr. Francisco Leopoldino Lopes,
father of Mr. Damião Ximenes-Lopes, of Mrs. Irene Ximenes-Lopes-Miranda and of
Mr. Cosme Ximenes-Lopes, sister and brother respectively of the alleged victim,
since according to the arguments filed by the representatives and Mrs. Irene
Ximenes-Lopes-Miranda, among the relatives of Mr. Damião Ximenes-Lopes, his
mother and father, as well as the above mentioned sister and brother in particular,
were the affectionately closest persons to him.
159. The Court deems to be proven that the victim´s father, Mr. Francisco
Leopoldino Lopes, who, though being separated from Mr. Damião XimenesLopes´mother had not broken up the family ties with his son (supra para. 111(71)),
endured suffering and distress. Mr. Francisco Leopoldino Lopes experienced suffering
because of the death of his son, who was very young when he died, and according to
the statements given by Mrs. Irene Ximenes-Lopes-Miranda before the Court, lived
eager for revenge for a long time.
160. Besides the distress and sadness caused by her brother´s death, his sister
suffered psychological consequences, such as depression for over three years, which
affected her relationship with the family and prevented her from breastfeeding her
newly-born daughter. She further terminated an employment contract which was to
expire on December 31, 2004. She has endured permanent suffering and has relived
the circumstances of the death of her brother, Damião Ximenes-Lopes, before
judicial and human rights bodies, since she committed herself to find out the truth
and obtain justice concerning these facts, wherefore she has actively taken part in
128
Cf. Case of Baldeón-García, supra note 4, paras. 128; Case of López-Álvarez, supra note 121,
para. 119; and Case of the Pueblo Bello Massacre, supra note 25, para. 154.