54 his son, Damião Ximenes-Lopes, and has grieved over his death. Mr. Cosme Ximenes-Lopes, twin brother of the alleged victim, who has also been admitted to psychiatric institutions, maintained a close bond and he identified with Mr. Damião Ximenes-Lopes. After hearing the news of his brother’s death, he went in a state of shock. He later suffered from depression and stopped working for a while.106 VIII VIOLATION OF ARTICLES 4(1) AND 5(1) AND 5(2) OF THE AMERICAN CONVENTION IN RELATION TO ARTICLE 1(1) THEREOF (Right to Life, Humane Treatment, and Obligation to Respect Rights) Arguments of the Commission The Commission alleged, inter alia, that: a) Regarding the violation of the right to life: i. the State has not complied with its duty to protect and preserve the life of Mr. Damião Ximenes-Lopes. This violation is evidenced not only by the fact that the State agents caused his death, but also by the failure of the State to properly control the Casa de Reposo Guararapes (Guararapes Rest Home), and ii. the lack of a serious investigation about the facts and of the failure to punish the persons liable for the death of Mr. Ximenes-Lopes is a violation by the State of its duty to guarantee the right to life. b) Regarding the violation of the right to humane treatment: i. the hospitalization conditions at the Casa de Reposo Guararapes were in and of themselves incompatible with the respect for the dignity of the human person; Mr. Damião Ximenes-Lopes was subjected to inhuman or degrading treatment because of the mere fact of having been admitted to said institution as a patient of Brazil Single Health System (SUS), and ii. the physical containment techniques applied to Mr. Ximenes-Lopes were not in accordance with the international standards in this field. The alleged victim was not nursed in decent conditions, nor was he under the care and the regular and immediate supervision of qualified mental health personnel. c) Regarding acquiescence, it is in accordance with the acknowledgment made by the State; there is no controversy as to the facts prior to the death of Mr. Damião Ximenes-Lopes which are set forth in the complaint. Arguments of the representatives 114. 106 The representatives alleged, inter alia, that: Cf. statement made by Irene Ximenes-Lopes-Miranda during the public hearing held before the Inter-American Court on November 30, 2005, supra note 38; and report prepared by psychiatrist Lidia Días-Costa, at the request of Irene Ximenes-Lopes-Miranda, submitted on December 14, 2002, supra note 38.