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237. In light of the various aspects of damage alleged by the Commission and the
representatives, the Court considers the following issues:
a)
as regards to Mr. Damião Ximenes-Lopes, in order to determine the
compensation for non-monetary damage, the Court takes into account the
proven fact that he did not receive adequate medical care or treatment as
patient with a mental disability who, due to his condition, was especially
vulnerable and was subjected to cruel, inhuman and degrading treatment
while at the Casa de Reposo Guararapes (Guararapes Rest Home) , an event
that was aggravated by his death (supra para. 112(7), 112(8), 112(9),
112(11), 112(12), 112(56) and 112(57));
b)
to determine the compensation for the non-pecuniary damage to
which Albertina Viana-Lopes is entitled, this Court takes into account the fact
that she is the mother of the deceased. It further takes into account that it
has been established that having witnessed the appalling conditions in which
her son was kept at the Guararapes Rest Home ( Casa de Reposo Guararapes)
and his subsequent death caused her great suffering and grief and physical
and psychological after-effects (supra para. 112(70) and 157).
c)
as regards to Mr. Francisco Leopoldino Lopes, with the aim of
determining the compensation for non-pecuniary damage, the Court takes
into account the fact that he was Mr. Damião Ximenes-Lopes’ father, had a
bond of affection with him and his son’s death caused him great suffering
(supra para. 112(71) and 159).
d)
as regards to Irene Ximenes-Lopes-Miranda, sister of Damião
Ximenes-Lopes, the Court, in determining the compensation for nonpecuniary damage, takes into account the suffering caused by the death of
his brother, with whom she had a strong bond of affection, and whose death
caused her suffering such as psychological after-effects. In addition, Irene
Ximenes-Lopes-Miranda has sought justice ever since her brother’s death even to the detriment of the well-being of her daughters- for which purpose
she has resorted to several entities in the domestic and international
jurisdictions, so she has repeatedly suffered and relived the circumstances
surrounding her brother’s death. (supra paras. 112(70), 160 and 161), and
e)
in order to determine the compensation for non-pecuniary damage to
be paid to Mr. Cosme Ximenes-Lopes, who has also been hospitalized in
psychiatric institutions, the Court takes into account the bond of affection and
the identification existing between the two brothers and the fact that the
death of his brother caused him pain and suffering and put him in a state of
shock, causing him depression and lack of motivation to work ( supra paras.
112(71) and 162).
238. In view of the foregoing, the Court sets, on equitable grounds, the amount of
the compensation for non-pecuniary damage, as follows:
a)
for Mr. Damião Ximenes-Lopes, the sum of USD 50,000.00 (fifty
thousand United States dollars), which shall be distributed among Albertina
Viana-Lopes, Irene Ximenes-Lopes-Miranda, Francisco Leopoldino Lopes and
Cosme Ximenes-Lopes, and