79 i. adopt all measures necessary to fulfill its duty to oversee the hospitalization conditions of mentally ill persons in health care institutions, including adequate judicial inspection and control systems; ii. adopt all measures necessary to avoid cruel, inhumane or degrading treatment in health care centers, including training programs, and to effectively prohibit and punish such conduct; iii. implement minimum standards for preparing medical reports, such as those set forth in the Istambul Protocol; iv. immediately cease the denial of justice to which the next of kin of Mr. Ximenes-Lopes are subjected regarding to his death; v. officially make public the State’s acknowledgement of partial responsibility; and vi. establish mechanisms for investigating, reporting and documenting deaths, torture or cruel, inhuman or degrading treatment of mentally ill persons. e) In relation to expenses and legal costs, the Commission pointed out that the Court must order the State to bear expenses and legal costs incurred by the next of kin of Damião Ximenes-Lopes in litigating the case before the domestic courts, if any, and in bringing the case to the Inter-American human rights protection system. Arguments of the Representatives 214. In relation to reparations, the representatives argued, inter alia, that: a) the beneficiaries of the reparations are Albertina Viana-Lopes, victim’s mother; Francisco Leopoldino-Lopes, victim’s father; Irene Ximenes-Lopes-Miranda, victim’s sister; and Cosme Ximenes-Lopes, victim’s identical twin. b) In relation to pecuniary damage: i. as regards to compensatory damages, the next of kin have incurred expenses including transportation between the municipalities of Sobral and Fortaleza in order to gather documentation, the funeral expenses of Mr. Damião Ximenes-Lopes, transportation of the victim’s body from Sobral to Fortaleza for the autopsy examination, and medicines for Mr. Ximenes-Lopes’ parents. Therefore, they requested the Court to set the amount of USD 10,000.00 (ten thousand United States dollars) based on the principle of equity. Such amount includes expenses incurred both in the domestic and the international court system; ii. as regards to lost profits, the representatives alleged that a mentally ill person may have a productive life. Therefore, taking into account the victim’s life expectancy and the minimum salary paid by the State, they requested the Court to set, on equitable grounds, the amount of USD 67,550.00 (sixty-seven thousand, five hundred and fifty United States dollars) as compensation to be paid to Mr. Damião Ximenes-Lopes. In addition, Irene Ximenes-Lopes-Miranda spent three years without motivation for work and lost her job after his brother’s death. The representatives requested the Court to set, on equitable grounds, the amount of USD 41,850.00 (forty-one thousand, eight hundred and fifty United States Dollars) as compensation to be paid to her, and

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