3
*
*
*
8.
Regarding the obligation to ensure that the domestic proceedings to investigate
and, if appropriate, punish those responsible for the facts of this case are effective
(sixth operative paragraph of the judgment), the State advised that, on October 7,
2009, members of the Advocacia-General de la Unión (AGU), and representatives of
the Ministry of Foreign Affairs (MFA), the Ministry of Health, and the Special Human
Rights Secretariat of the Presidency of the Republic (SEDH) held meetings with the
representatives in order to discuss compliance with the judgment. On December 7,
2009, the representatives of AGU and MFA met with the authorities of the Judiciary
and the Public Prosecutor’s office of the state of Ceará in charge of the judicial
proceedings relating to the instant case in order to discuss the need to comply with the
judgment. Furthermore, Brazil recalled that, on June 29, 2009, the Third Court of the
District of Sobral, Ceará, delivered a judgment sentencing the accused in Criminal
Action No. 2000.0172.9186-1, regarding the facts of this case. A remedy (recurso en
sentido estricto) and an appeal (recurso de apelación) were subsequently filed;
consequently, the criminal action is currently being examined by the Court of Justice of
the state of Ceará (TJ-CE). The State added that deliberation of the remedy was
included on the agenda for the decision of the TJ-CE and that, when the remedy has
been decided, the appeal that was filed will also be included on the said court’s
agenda.
9.
The representatives confirmed the information provided by the State concerning
the meeting held on October 7, 2009. In addition, they recalled that, almost 11 years
after the victim’s death, no final judgment has been delivered in the legal actions
relating to the facts of the instant case. Although they acknowledged the State’s
current efforts to discuss full compliance with this operative paragraph with them, and
also to follow up on the measures together with the competent authorities of the state
de Ceará, the representatives emphasized that this obligation had only been partially
fulfilled.
10.
The Commission observed that there had been some “progress in the criminal
proceedings and the delivery of judgment in first instance”; nevertheless, “it was [still]
awaiting updated information on the outcome of the pending remedies, the culmination
of both proceedings, and the execution of the judgments.”
11.
The Inter-American Court appreciates the different measures taken by the State
to further the criminal proceedings in relation to the death of Damião Ximenes Lopes,
so as to ensure that they are decided as quickly as possible. Similarly, it considers that
the meeting held on October 7, 2009, between the State authorities and the
representatives (supra considering paragraphs 8 and 9) in order to discuss, inter alia,
the advance in the domestic proceedings to investigate and, if appropriate, punish
those responsible for the facts, was a positive step.
Nevertheless, the Court observes that, despite the delivery of the said criminal
12.
judgment, this ruling is not final. According to the information provided by the State
and confirmed by the representatives, the remedies filed are pending deliberation by
the Court of Justice of the state of Ceará. In this regard, Brazil advised that one of
them, the remedy, had already been included on the agenda of the said court and
would be decided at the beginning of the year. Accordingly, in its next report, Brazil
judgment. Order of the Inter-American Court of Human Rights of November 24, 2009, seventh considering
paragraph.