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

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