90
successful in attaining its purpose within a reasonable time, directly applying in the
domestic legal system the protective rules of the American Convention.
b)
Publication of the Judgment
249. The State must, by way of measure of satisfaction,161 publish once in the
Official Gazette and in another nationwide daily newspaper, Chapter VII of this
Judgment, which deals with Proven Facts, without the footnotes, and it shall also
publish the operative paragraphs hereof. as it has done in previous cases. The
publication shall be made within six months as of notice of this Judgment.
c)
Implementation of Training Programs
250. It has been proved in the instant case that at the time of the events there
was no adequate service for treating and hospitalizing persons with mental
disabilities, such as in the Casa de Reposo Guararapes (Guararapes Rest Home), an
institution that provided such service under the Single Health System. Although the
fact that the State has adopted several measures to improve the service is worthy of
note, this Court considers that the State must continue developing a training and
education program for physicians , psychiatrists, psychologists, nurses, auxiliary
nurses, and all other persons working in Mental Health Care institutions, particularly
on the principles that must govern the treatment to be afforded to persons who
suffer from a mental disability, pursuant to the international guidelines governing the
subject and those set forth in this Judgment (supra paras. 130 to 135).
*
251. This Judgment is per se a form of reparation and satisfaction for Albertina
Viana-Lopes, Irene Ximenes-Lopes-Miranda, Francisco Leopoldina Lopes and Cosme
Ximenes-Lopes.
E) COSTS AND EXPENSES
252. Court costs and expenses are embodied in the concept of reparation set forth
in Article 63(1) of the American Convention. It is the Court’s duty to carefully assess
their extent on equitable grounds, taking into account the costs incurred before the
domestic and Inter-American courts, and considering the extent to which they have
been proved, the circumstances of the specific case and the nature of the
international jurisdiction in the protection of human rights.162
253. In this regard, the Court deems it fair to order the State to pay the sum of
USD 10,000.00 (ten thousand United States dollars) or the equivalent amount in
Brazilian currency, to Albertina Viana-Lopes in order that she can reimburse the
costs incurred by the next of kin of Mr. Damião Ximenes-Lopes and pay an amount
she deems appropriate to the Center for Global Justice to reimburse the costs
incurred by said entity.
161
Cf.
Community,
162
Cf.
Community,
Case
supra
Case
supra
of Baldeón-García, supra note 4, para. 194; Case of Sawhoyamaxa Indigenous
note 4 para. 236; and Case of Acevedo Jaramillo et al., supra note4, para. 313.
of Baldeón-García, supra nota 4, párr. 208; Case of Sawhoyamaxa Indigenous
note 4, para. 237; and Case of Acevedo Jaramillo et al., supra note 4, para. 315.