37
bones of the body. A thorough expert examination of each bone of the skull showed that
a transversal craniotomy had been performed (result of the previous expert examination)
and no fractures were found in that body component, i.e. the skull showed integrity of all
its bones. All other bones of the body showed no fractures either. Conclusion: based on
the foregoing and in the absence of any further necroscopic findings as a result of the
advanced state of decomposition of the body, we conclude that it was a death of unknown
cause.
Answers to the following questions:
1- [FIRST - Was there death?]; yes.
2-[SECOND - What was the cause of death?]; unknown.
3-[THIRD - What was the instrument or means employed that caused the death?]; no
evidence to answer the question.
4-[FOURTH - Was it caused by poison, fire, explosion, asphyxia or torture or any other
insidious or cruel means?]; no evidence to answer the question.
Without further ado, the person in charge was ordered to complete the report, which,
after being read and approved, was duly signed.48
C)
Police investigation about the death of Mr. Damião Ximenes-Lopes
112(17)
On October 13, 1999, Mrs. Albertina Viana-Lopes filed a complaint with
the Coordinadora Municipal de Control, Evaluación y Auditoría de la Secretaría de Salud y
Asistencia Social (Control, Evaluation and Audit Municipal Coordinator for the Health
and Social Services Bureau) regarding the death of her son, Mr. Damião XimenesLopes. In October, 1999, Mrs. Irene Ximenes-Lopes-Miranda, sister of Mr. XimenesLopes, filed a complaint with the Comisión de Ciudadanía y Derechos Humanos de la
Asamblea Legislativa del estado del Ceará (Civil and Human Rights Commission of the
Legislative Assembly of the state of Ceará), pleading for justice and the punishment
of those responsible for the death of his brother.49
112(18)
On November 8, 1999, Attorney General ’s Office Prosecutor
Alexandre de Oliveira-Alcântara requested a police investigation about the death of
Mr. Damião Ximenes-Lopes, which occurred on October 4, 1999 at Casa de Reposo
Guararapes (Guararapes rest Home). On November 9, 1999, 36 days after the death
of Mr. Damião Ximenes-Lopes, the Police Station for the Seventh Region of Sobral,
by means of Administrative Resolution No. 172/99, ordered an investigation about
the death of Mr. Damião Ximenes-Lopes.50
48
Cf. autopsy report (post-exhumation) issued by the Instituto Médico Legal Dr. Walter Porto (Dr.
Walter Porto Medico-Legal Institute) on April 6, 2002 (record of appendixes to the answer to the
application, appendix II, page 2549).
49
Cf. complaint filed by Albertina Viana-Lopes with the Coordinadora Municipal de Control,
Evaluación y Auditoría de la Secretaría de Salud y Asistencia Social (Control, Evaluation and Audit
Municipal Coordinator for the Health and Social Services Bureau) on October 13, 1999 (record of
appendixes to the application, appendix 25, pages 174 and 175); and report on the Administrative
Investigation prepared at the request of the Coordinadora Municipal de Control, Evaluación y Auditoría de
la Secretaría de Salud y Asistencia Social (Control, Evaluation and Audit Municipal Coordinator for the
Health and Social Services Bureau), issued on February 18, 2000, supra note 43.
50
Cf. brief filed by the Attorney General’s Office Prosecutor with the Tercera Sala del Juzgado de
Sobral (Third Chamber of the Trial Court in and for Sobral) on November 8, 1999 (record of appendixes to
the answer to the application, appendix I, volume I, page 1537); and order of the Sobral Police Chief,
issued on November 9, 1999 (record of appendixes to the answer to the application, appendix I, volume I,
pages 1535 and 1536).