24
65.
In turn, at the same public hearing the representatives argued that they
recognized the importance of the statement made by the State regarding the
international liability thereof for the violation of Articles 4 and 5 of the American
Convention.
66.
Later on, in its closing arguments, the State claimed that as a clear proof of
its actual commitment to the protection of human rights, for the sake of ethics it had
chosen to admit its failure to properly supervise the operation of Casa de Reposo de
Guararapes during the period in which Mr. Damião Ximenes-Lopes was hospitalized
there. In view of the patient´s death and the mistreatment he had suffered, the
State acknowledged its international liability for the violation of Articles 4 and 5 of
the Convention (supra paras. 36 and 63).
67.
In its closing arguments, the Commission argued that due to the
acknowledgment of liability made by the State, there was no dispute over the facts
set forth in the complaint regarding the death of Mr. Damião Ximenes-Lopes, among
which paragraphs 38 to 88 shall be deemed to be included, as well as paragraphs
147 to 168, regarding the legal grounds alleged in the complaint. The Commission
further stated that the truthfulness of the facts regarding the death of Mr. XimenesLopes was confirmed, as well as of those regarding the inhuman and degrading
hospitalization conditions resulting from the State´s failure to fulfill its supervisory
and preventive functions, as it was claimed in the complaint (supra paras. 2, 16, and
37).
68.
For their part, in their closing arguments the representatives alleged that they
understand that the Court accepted the State´s liability under the terms set forth in
the complaint filed by the Inter-American Commission (supra para. 38).
1.
Regarding the facts
69.
In view of the acknowledgment of liability made by the State, the Court
considers that the facts set forth in paragraphs 38 to 88 of the complaint filed by the
Inter-American Commission in the instant case are no longer in dispute, on the one
hand, and, that the State has not challenged the facts set forth in the complaint
regarding the State´s duty to conduct an investigation of the facts regarding the
death of Mr. Damião Ximenes-Lopes alleged by the Commission and the
representatives and to identify and punish those responsible for his death, on the
other.
70.
In this regard, the Court deems it relevant to open a chapter regarding the
facts set forth in the instant case, including both the facts acknowledged by the State
and those among the elements that are in the record which have been proven ( infra
paras. 112 to 112(71)).
2.
Regarding the legal claims
71.
In view of the partial acknowledgment of international liability made by the
State, the Court deems the facts set forth in paragraphs 112 to 112(71) of this
Judgment to be proven, and based thereon and taking into consideration the