89
investigate the responsibility of the Casa de Reposo Guararapes (Guararapes Rest
Home) in relation with the death of Mr. Damião Ximenes-Lopes; it established the
Mental Health Comprehensive Care Network in Sobral; in 2000 an agreement was
entered into between the Family Health Program and the Mental Health Team of the
Municipality of Sobral; it created a Psychiatric Admission Unit in the Estevan Ponte
General Hospital of the Sobral Municipality; it created a Psychosocial Care Center
(CAPS) specialized in the treatment of persons suffering psychosis and neurosis; a
Psychosocial Care Center devoted to the treatment of alcoholic persons and persons
addicted to other psychotropic substances; it created the Therapeutic Residential
Service; a Regional Psychiatry outpatient unit at the Medical Specialties Center, and
teams of the Family Health Program. Likewise, the State has adopted several
measures at the domestic level, including the enactment of Law No. 10,216 in 2001,
known as the “Psychiatric Reform Law”; the State has also organized the Seminar
“The Right to Mental Health – Regulation and application of Law No. 10,216” on
November 23, 2001, the 3rd National Mental Health Conference in December 2001,
the implementation, as from 2002, of the Psychiatric Care Services National
Assessment Program, the implementation, in 2004, of the Hospital Restructuring
Program of the Single Health System, the creation of the “Return Home Program”
and the consolidation of the Mental Health Coordinators Forum, in 2004.
244. This Court appreciates the fact that the State has adopted the abovementioned measures, the efficient application of which shall allow for an improved
health care, and its regulation and oversight within the framework of the Single
Health System.
a)
Obligation to Investigate the Events that Amounted to Violations in the Instant Case
245. The next of kin of the victims of human rights violations have the right to
effective remedies. The knowledge of the truth in human rights violations such as
those in the instant case is an inalienable right and an important means of reparation
for the victim and, if applicable, for their next of kin, and it constitutes a fundamental
way of learning the truth that allows a society to develop its own methods of
reproach and deterrence. 159
246. Therefore, the victim’s relatives are entitled -and the States are obliged- to
have an effective investigation of the events carried out by State authorities, to
prosecute the alleged perpetrators of the wrongful acts and, if applicable, to impose
the appropriate punishment (supra paras. 170 to 206). 160
247. In the instant case, the Court has established that, after more than six years
of the events, the authors of the cruel, inhuman and degrading treatment and of the
death of Mr. Damião Ximenes-Lopes have not been prosecuted and have gone
unpunished.
248. The Court points out that the State must ensure that the domestic proceeding
aimed at prosecuting and punishing the authors of the events in the instant case is
159
Cf. Case of Baldeón-García, supra note 4, para. 196; Case of Pueblo Bello Massacre, supra
note25, para. 266; and Case of Gómez-Palomino, supra note 21, para. 78.
160
Cf. Case of Baldeón-García, supra note 4, para. 197; Case of Pueblo Bello Massacre, supra note
25, para. 219; and Case of Blanco- Romero, supra note 20, paras. 62 and 96.