22
56.
Likewise, the Court admits the statement given by Mrs. Irene Ximenes-LopesMiranda before the Court (supra para. 47(1)(a)), insofar as it is in accordance with
the object thereof and assesses it as a whole with the rest of the body of evidence.
The Court considers that since the above mentioned witness is a next of kin of the
alleged victim, her statement cannot be assessed separately for she has a direct
interest in the outcome of the case, and therefore, must be assessed as a whole with
the rest of the body of evidence. The statements given by the alleged victims´ next
of kin may be helpful in that they provide useful information on the alleged violations
and the consequences thereof.19
57.
The Court considers that the statements given by Francisco das Chagas-Melo
(supra para. 47(1)(b)), João Alfredo Teles-Melo (supra para. 47(2)(a)), Luiz Odorico
Monteiro-de Andrade (supra para. 47(3)(a)), Pedro Gabriel Godinho-Delgado (supra
para. 47(3)(b)), as well as the expert report submitted by Ms. Lídia Dias-Costa (supra
para. 47(4)(a)) may be helpful to facilitate the adjudication of the instant case and,
therefore, it admits them into the body of evidence, applying thereto the standards
of reasonable credit and weight analysis.
58.
Therefore, the Court shall assess the evidentiary value of the documents,
statements, and expert opinions submitted by the parties. Furthermore, the evidence
tendered during the various procedural stages has been admitted as a whole with
the rest of the body of evidence in the instant case.
VI
PRIOR CONSIDERATIONS
59.
The Court shall now proceed to rule on: a) the scope of the acknowledgement
of international liability made by the State; b) the grounds of the State´s duties
within the framework of the State´s liability resulting from the violations to the
American Convention, and c) the special attention the States must devote to the
persons with mental health disabilities due to their particular vulnerability.
a)
SCOPE OF THE ACKNOWLEDGEMENT OF INTERNATIONAL LIABILITY MADE BY THE STATE
60.
Article 53(2) of the Rules of Procedure provides that
[i]f the respondent informs the Court of its acquiescence to the claims of the party that
has brought the case as well as to the claims of the representatives of the alleged
victims, their next of kin or representatives, the Court, after hearing the opinions of the
other parties to the case, shall decide whether such acquiescence and its juridical effects
are acceptable. In that event, the Court shall determine the appropriate reparations and
indemnities.
61.
In the exercise of its adjudicatory jurisdiction, the Inter-American Court
applies and interprets the American Convention and, when a case has been
Cf. Case of Baldeón-García, supra note 4, para. 66; Case of the Sawhoyamaxa Indigenous
Community, supra note 4, para. 37; and Case of Acevedo-Jaramillo et al, supra note 4, para. 203.
19