92
THE COURT,
DECIDES,
Unanimously,
1.
To admit the partial acknowledgment of international responsibility made by
the State for the violation of the rights embodied in Articles 4(1), 5(1) and 5(2) of
the American Convention, in relation to Article 1(1) thereof, to the detriment of
Damião Ximenes-Lopes, as set forth in paragraphs 61 to 81 hereof.
DECLARES,
Unanimously that:
2.
The State violated, to the detriment of Damião Ximenes-Lopes, as it
acknowledged, the rights to life and humane treatment enshrined in Articles 4(1) and
5(1) and 5(2) of the American Convention, in relation to the general obligation to
respect and guarantee the rights embodied for in Article 1(1) thereof, as set forth in
paragraphs 119 and 150 herein.
3.
The State violated, to the detriment of Albertina Viana-Lopes, Irene XimenesLopes-Miranda, Francisco Leopoldino Lopes and Cosme Ximenes-Lopes, next of kin of
Damião Ximenes-Lopes, the right to humane treatment, enshrined in Article 5 of the
American Convention, in relation to the general obligation to respect and guarantee
the rights embodied in Article 1(1) thereof, as set forth in paragraphs 155 to 163
herein.
4.
The State violated, to the detriment of Albertina Viana-Lopes and Irene
Ximenes-Lopes Miranda, next of kin of Damião Ximenes-Lopes, the right to a fair
trial and the right to judicial protection enshrined in Articles 8(1) and 25(1) of the
American Convention, in relation to the general obligation to respect and guarantee
the rights embodied in Article 1(1) thereof, as set forth in paragraphs 170 to 206
herein.
5.
This Judgment is in and of itself a form of redress, as set forth in paragraph
251 herein.
AND RULES,
Unanimously that:
6.
The State must secure, within a reasonable time; that the domestic
proceedings instituted in order to investigate and punish those responsible for the
events in the instant case be operative, as set forth in paragraphs 245 to 248 herein.