79
i.
adopt all measures necessary to fulfill its duty to oversee the
hospitalization conditions of mentally ill persons in health care institutions,
including adequate judicial inspection and control systems;
ii.
adopt all measures necessary to avoid cruel, inhumane or degrading
treatment in health care centers, including training programs, and to
effectively prohibit and punish such conduct;
iii.
implement minimum standards for preparing medical reports, such as
those set forth in the Istambul Protocol;
iv.
immediately cease the denial of justice to which the next of kin of Mr.
Ximenes-Lopes are subjected regarding to his death;
v.
officially make public the State’s acknowledgement of partial
responsibility; and
vi.
establish mechanisms for investigating, reporting and documenting
deaths, torture or cruel, inhuman or degrading treatment of mentally ill
persons.
e)
In relation to expenses and legal costs, the Commission pointed out that the
Court must order the State to bear expenses and legal costs incurred by the next of
kin of Damião Ximenes-Lopes in litigating the case before the domestic courts, if
any, and in bringing the case to the Inter-American human rights protection system.
Arguments of the Representatives
214.
In relation to reparations, the representatives argued, inter alia, that:
a)
the beneficiaries of the reparations are Albertina Viana-Lopes, victim’s
mother; Francisco Leopoldino-Lopes, victim’s father; Irene Ximenes-Lopes-Miranda,
victim’s sister; and Cosme Ximenes-Lopes, victim’s identical twin.
b)
In relation to pecuniary damage:
i.
as regards to compensatory damages, the next of kin have incurred
expenses including transportation between the municipalities of Sobral and
Fortaleza in order to gather documentation, the funeral expenses of Mr.
Damião Ximenes-Lopes, transportation of the victim’s body from Sobral to
Fortaleza for the autopsy examination, and medicines for Mr. Ximenes-Lopes’
parents. Therefore, they requested the Court to set the amount of USD
10,000.00 (ten thousand United States dollars) based on the principle of
equity. Such amount includes expenses incurred both in the domestic and the
international court system;
ii.
as regards to lost profits, the representatives alleged that a mentally ill
person may have a productive life. Therefore, taking into account the
victim’s life expectancy and the minimum salary paid by the State, they
requested the Court to set, on equitable grounds, the amount of USD
67,550.00 (sixty-seven thousand, five hundred and fifty United States dollars)
as compensation to be paid to Mr. Damião Ximenes-Lopes. In addition, Irene
Ximenes-Lopes-Miranda spent three years without motivation for work and
lost her job after his brother’s death. The representatives requested the Court
to set, on equitable grounds, the amount of USD 41,850.00 (forty-one
thousand, eight hundred and fifty United States Dollars) as compensation to
be paid to her, and