88
b)
for Albertina Viana-Lopes, the sum of USD 30,000.00 (thirty thousand
United States dollars;
c)
for Francisco Leopoldino Lopes, the sum of USD 10,000.00 (ten
thousand United States dollars;
d)
for Irene Ximenes-Lopes-Miranda, the sum of USD 25,000.00 (twentyfive thousand United States dollars); and
e)
for Cosme Ximenes-Lopes, the sum of USD 10,000.00 (ten thousand
United States dollars;
239. The compensation awarded to Mr. Damião Ximenes-Lopes shall be delivered
pursuant to paragraph 218 hereof, and the compensation awarded to Albertina
Viana-Lopes, Irene Ximenes-Lopes-Miranda, Francisco Leopoldino Lopes and Cosme
Ximenes-Lopes shall be given to each of them.
D)
OTHER FORMS OF REPARATION
(MEASURES OF SATISFACTION AND GUARANTEES OF NON-REPETITION)
240. In this subparagraph, the Court will determine those measures of satisfaction
intended to redress non-pecuniary damage as well as other public or publicly
noticeable measures..157
241. For the purpose of a public apology to the next of kin of the victim, the Court
values and appreciates the partial acknowledgement of international liability made by
the State during the public hearing held on November 30, 2005, in relation to the
instant case (supra paras. 36 and 63). At that time, the State stated that:
it admits the appropriateness of the Inter-American Commission’s request as regards to
the violation of Articles 4 (Right to Life) and 5 (Right to Humane Treatment) of the
American Convention.
242. In addition, this Court highlights the fact that on November 3, 2005, the State
renamed the Sobral Psychosocial Care Center (CAPS), which was located in the city
of Sobral in the context of the creation of the Mental Health Comprehensive Care
Network, with the name of “Damião Ximenes-Lopes Psychosocial Care Center. ”
Likewise, the State designated the Hall in which the Third Mental Health Conference
was held with the name of Damião Ximenes-Lopes. This contributes to raising
awareness to avoid the repetition of harmful acts such as those in the instant case
and ensure remembrance of the victim.158
243. In addition, the Court recognizes that the State has adopted a series of
measures in the domestic jurisdiction aimed at improving the conditions of
psychiatric care in the institutions of the Single Health System ( SUS). Some of these
measures were adopted by the Municipality of Sobral: it created a commission to
157
Cf. Case of Baldeón-García, supra note 4, para. 193; Case of Sawhoyamaxa Indigenous
Community, supra note 4 para. 228; and Case of Pueblo Bello Massacre, supra note25, para. 264.
158
Cf. Case of Gómez Paquiyauri Brothers, supra note 108, para. 236; Case of Myrna Mack Chang,
supra note 108, para. 286; and Case of Trujillo Oroza. Reparations (Art. 63(1) Inter-American Convention
on Human Rights). Judgment of February 27, 2002. Series C No. 92, para. 122.