19
The expert witness can conclude that Mr. Damião Ximenes-Lopes had a violent death
caused by extrinsic agents as evidenced by the victim´s traumatic bodily lesions.
Today, doctors can avail themselves of the Istanbul Protocol, which offers guidelines
on how to typify bodily lesions of people who had a dubious death. According to the
above Protocol, the lesions found on the body of Mr. Ximenes-Lopes are deemed to
be typical of traumas which are commonly detected on the body of people who were
tortured. According to the examination made by the forensic experts from Fortaleza
City due to the insistence of the prosecutor to the case, the death of Mr. Damião
Ximenes-Lopes was caused by the traumatic lesions which, according to the expert
witness, might have been caused by a punch, blows with stones, or kicks. The
autopsy carried out by the Forensic Medical Institute revealed that the corpse
showed echimosis, excoriations, and hematomas, which are lesions suggesting that
the victim suffered a bodily traumatism, and which were later established as caused
by some blunt object.
C) EVIDENCE ASSESSMENT
Documentary Evidence Assessment
48.
As in other cases,8 the Court recognizes the evidentiary value of the
documents submitted by the parties at the appropriate procedural stage, which have
neither been disputed nor challenged, and whose authenticity has not been
questioned, whereby the Court finds them helpful for the adjudication of the instant
case.
49.
The Court finds helpful for the adjudication of the instant case the documents
submitted by the representatives,9 the State10 and the witness João Alfredo TelesMelo11 at the public hearing held on November 30 and December 1, 2005, which all
the parties attending such hearing were informed of, as well as the documents
tendered by the Commission as annexes to the closing written arguments 12 (supra
paras. 36 and 37), whereby the Court admits them into the body of evidence
pursuant to Article 45(1) of the Rules of Procedure.
Cf. Case of Baldeón-García, supra note 4, para. 65; Case of the Sawhoyamaxa Indigenous
Community, supra note 4, para. 36; and Case of Acevedo-Jaramillo et al, supra note 4, para. 189.
8
Namely: a copy of the “Recomendação de Aditamento da Denúncia” of March 27, 2001; official
letter No. 155/05 JG/RJ, addressed by Justicia Global to the Coordinator of the Mental Health Program of
the Health Ministry on November 18, 2005; official letter No. 154/05 JG/RJ, addressed by Justicia Global
to the Vice-president of the Federal Council of Psychology on November 18, 2005; official letter No.
08/2000, Recommendation of the Center for the Operational Support of Socially Marginalized Groups
under the Office of the Attorney General to the administrative head of the Casa de Reposo Guararapes
(Guararapes Rest Home) of May 25, 2000, and Addition Record No. 013/99 to the agreement No.
053007/98 entered by the Municipality of Sobral and the Casa de Reposo Guararapes on December 26,
1999.
9
Namely: booklet entitled “Como encaminhar demandas de saúde mental em Sobral. Orientações
ao Programa Saúde da Família”, Secretariat of Health and Social Development, Sobral; and booklet
entitled “CAPS-Centro de Atenção Psicossocial Damião Ximenes-Lopes”, Secretariat of Health and Social
Development, Sobral.
10
Namely: book entitled “Relatório da cidadania, Atividades da Comissão de Direitos Humanos e
Cidadania da Assembléia Legislativa do Ceará – 1999.”
11
Namely: statement given by Francisco das Chagas-Melo at the Court of Ipueiras on March 2,
2005; statement given by Albertina Viana-Lopes at the Court of Varjota on April 5, 2005; and summons
issued by the Court of Sobral serving notice of the hearing set for November 17, 2005.
12