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iv.
the State must provide for the closing of those psychiatric units not
approved by the Psychiatric Care Services National Assessment Program that
are still operating;
v.
the State must approve and implement Bill No. 429/2003, which
establishes the “Rules on Persons with Disabilities,” and
vi.
the State must adopt all measures as may be necessary to eradicate
the use of cruel, inhuman or degrading treatment, adapt psychiatric
institutions to meet the requirements of the applicable international
instruments, and prohibit and punish such conducts.
e)
In relation to expenses and court costs, the representatives alleged that:
i.
the Ximenes-Lopes family incurred a series of expenses in taking
administrative and procedural steps after the death of the victim, and thus
requested the Court to set, on equitable grounds, the amount of USD
10,000.00 (ten thousand United States dollars), and
ii.
Justicia Global incurred expenses to provide legal counsel services in
the international litigation. Therefore, they requested the Court to set, on
equitable grounds, the amount of USD 20,000.00 (twenty thousand United
States dollars). In addition, the representatives stated the expenses they
have incurred as attorneys’ fees during the years they litigated the case
before the Inter-American System of Human Rights Protection, and requested
the Court to set, equitable grounds, the amount of USD 25,000.00 (twentyfive United States dollars) as compensation for them.
Arguments of the State
215.
In relation to reparations, the State argued, inter alia, that:
a)
As regards to the beneficiaries, there is no damage to be compensated for in
relation to Francisco Leopoldino Lopes, Irene Ximenes-Lopes-Miranda and Cosme
Ximenes-Lopes; and as regards to Albertina Viana-Lopes, the moral damage she
suffered has already been repaired, both from a monetary and a symbolic point of
view.
b)
In relation to pecuniary damage:
i.
Albertina Viana-Lopes did not suffer monetary loss or loss of profits, as
she is receiving a monthly life death pension from the National Institute of
Social Security. A death pension is only allowed to dependents of the
deceased. Therefore, it is not appropriate to pay death pension and lost
profits to the remaining next of kin of the victim, as they provided for their
own income and did not depend financially upon Mr. Damião Ximenes-Lopes;
ii.
there has been no direct damage, as the criminal proceeding was
instituted by the Attorney General´s Office;
iii.
in the civil action for damages, Albertina Viana-Lopes litigated in forma
pauperis;
iv.
the expenses incurred by the next of kin of Mr. Damião Ximenes-Lopes
were incurred voluntarily, and therefore the State should not compensate
them for such expenses, and
v.
the state of Ceará awarded Albertina Viana-Lopes a monthly life
pension of BRL 308.00 (three hundred and eight reales). Said pension
corresponds to the minimum salary in force in the state of Ceará, adjusted by
the same index applied to the state public servants. Said pension contributes