80
iii.
they asserted that the pension afforded to Albertina Viana-Lopes under
law No. 13,491 is not sufficient to cover the damage caused. She receives the
disability pension previously afforded to Mr. Damião Ximenes-Lopes.
c)
In relation to pecuniary damage:
i.
the representatives requested the Court to set, on equitable grounds,
the amount of USD 80,000.00 (eighty thousand United States dollars as
compensation for the suffering undergone by Mr. Damião Ximenes-Lopes;
ii.
the representatives further stated that the victim’s death caused
Albertina Viana-Lopes, mother of the victim, to suffer depression, and that
she is currently suffering emotional distress. The life annuity granted by the
State cannot be considered a reparation for her or for the other next of kin of
the victim. Therefore, they requested the Court to set, on equitable grounds,
the amount of USD 50,000.00 (fifty thousand United States dollars) as the
compensation to be paid to her. In addition, they stated that the lady was the
direct victim of the abuse and ill treatment suffered by his son, since she
witnessed the torture he had been subjected to and she was treated with lack
of respect by the director of the Casa de Reposo Guararapes (Guararapes Rest
Home). Therefore, they requested the Court to raise the amount of the
compensation in USD 25,000.00 (twenty-five thousand United States dollars);
iii.
the representatives also stated that Mr. Francisco Leopoldino Lopes,
Damião Ximenes-Lopes’ father, had suffered depression for a long time and
he thinks that justice will never be served in the case of his son. He is
currently a regular churchgoer, seeking spiritual comfort. Therefore, they
requested the Court to set, on equitable grounds, the amount of USD
50,000.00 (fifty thousand United States dollars), as the compensation to be
paid to him;
iv.
the death of the victim caused Irene Ximenes-Lopes-Miranda, Damião
Ximenes-Lopes’ sister, physical and psychological suffering; she lost her job
26 days after the death of his brother and has suffered depression for three
years the consequence of which was lack of motivation to work. She suffered
mental and emotional exhaustion in the search for justice because of the
several meetings and hearings she had to attend with health, judicial and
human rights institutions, and she felt “humiliation for begging for justice.” In
addition, the death of the victim caused Mr. Cosme Ximenes-Lopes, Damião
Ximenes-Lopes’ identical twin, severe distress, as he could suffer the same as
his brother went through should he need psychological aid from a health care
institution again. He has suffered six years of frustration as a result of the
impunity of the perpetrators and constant grief for the loss of his twin
brother. Therefore, they requested the Court to set, on equitable grounds, the
amount of USD 15,000.00 (fifteen thousand United States dollars), as
compensation to be paid to each of them.
d)
In relation to other means of reparation, they pointed out that:
i.
they recognize the State’s initiative to improve the conditions of
psychiatric care;
ii.
the complaints of serious human rights violations committed in mental
health institutions must be effectively investigated, and all those involved
must be held liable and punished;
iii.
the oversight entities must establish procedures for supervising the
operation of health units;