56
118.
Article 5 of the American Convention provides that:
1. Every person has the right to have his physical, mental, and moral integrity
respected.
2. No one shall be subjected to torture or to cruel, inhuman, or degrading punishment
or treatment. All persons deprived of their liberty shall be treated regarding for the
inherent dignity of the human person.
[…]
119. The Court reaffirms that the acknowledgment of liability made by the State
regarding the violation of Articles 4 and 5 of the Convention to the prejudice of Mr.
Damião Ximenes-Lopes is a positive contribution to the outcome of the instant case
and is of the utmost importance for the effectiveness of the principles upheld by the
American Convention107 as to the State.
120. The Court finds it proven that in the Casa de Reposo Guararapes there was a
context of violence against the patients admitted there, who were under the constant
threat of being directly attacked by the officials in charge of the institution, or of
their failure to prevent violence among patients, since employees were not
commonly trained to work with persons with mental illness. The patients were also
subjected to violence when they were in a critical health condition, since the physical
containment and control techniques applied to patients when they were in crisis was
frequently imposed with the help of other patients. Notwithstanding, violence was
not the only obstacle to the recovery of patients at the Casa de Reposo Guararapes,
since the precarious maintenance, preservation, and sanitation conditions, as well as
of those in which health care services were provided, were also an offense to the
dignity of the patients admitted there. Food storage as well as health and sanitation
conditions at the Casa de Reposo Guararapes were quite poor; toilets were damaged
and there were no showers, washbasins or waste disposal recipients and water
toilets were dirty and had no cover; there was no physician among the staff of the
institution, health care was usually given to patients at the entrance hall of the
institution and sometimes there were no medicines; the emergency room lacked
essential equipment such as oxygen bottles, “secretion aspirator” and vaporizers;
medical records had no entry of the evolution of patients or of the detailed follow-up
reports which were to be made by social workers, psychologists, occupational
therapists, and nurses; and the owner of the institution was rarely there, whereby its
mismanagement was evident. In sum, and according to what was pointed out by the
Administrative Investigation Commission set up after the death of Mr. Damião
Ximenes-Lopes, the Casa de Reposo Guararapes “did not compl[y] with the required
conditions and [was] incompatible with the ethical and professional exercise of
Medicine” (supra paras. 112(56), 112(57), 112(61), 112(63), 112(64) and 112(65)).
121. The Courts finds it proven that at the moment Ms. Albertina Viana-Lopes went
to the Casa de Reposo Guararapes on October 4, 1999, Mr. Damião Ximenes-Lopes
was bleeding and had bruises all over his body, his clothes were torn, he was dirty
and reeking of feces and urine, his hands were tied at the back, and he was
breathing with difficulty, in the throes of death, screaming and asking for help to the
107
Cf. Case of Baldeón-García, supra note 4, para. 55; Case of Blanco-Romero et al, supra note 20,
para. 100; and Case of García-Asto and Ramírez-Rojas, supra note 20, para. 60.