39
maltreatment, torture, and homicide reported by the family of inpatient Damião
Ximenes-Lopes.”54
112(23)
On February 8, 11 and 15, 2000, confrontation of witnesses Sebastião
Alves-Costa-Filho, André Tavares-do Nascimento, Francisco Ivo de Vasconcelos and
Albertina Viana-Lopesse was conducted and the statements of Sebastião AlvesCosta-Filho, Cândida Martins-Vieira, João Paulo Melo, Maria Gorete-Silva and Maria
Expedita Sousa-Lira were taken at the Comisaría Regional de Sobral (Sobral Regional
Police Station).55
112(24)
On February 25, 2000, the Comisaría Regional de Sobral (Sobral Regional
Police Station) forwarded the record of the investigation conducted concerning
complaint No. 404/99 to the Incumbent Judge in and for Sobral.56
D)
Criminal Proceedings concerning maltreatment and death of Mr. Damião Ximenes-Lopes
112(25)
On March 27, 2000, the representative of the Attorney General’s Office
filed a formal accusation with the Tercera Sala del Juzgado de Sobral (Third Chamber of
the Trial Court in and for Sobral) against Sérgio Antunes-Ferreira-Gomes, Carlos
Alberto Rodrigues-dos Santos, André Tavares-do Nascimento and Maria Salete–
Moraes-de Mesquita, for their alleged involvement in the crime of maltreatment
resulting in death, as defined in the Brazilian Penal Code, Section 136, paragraph 2,
to the detriment of Mr. Damião Ximenes-Lopes.57
112(26)
On April 10, 2000, the Tercera Sala del Juzgado de Sobral (Third Chamber
of the Trial Court in and for Sobral) ordered defendants to appear in court for
questioning, under penalty of being found in default. On April 24, 2000, defendants
Maria Salete-Moraes Melo de Mesquita, Sérgio Antunes-Ferreira-Gomes and Carlos
Alberto Rodrigues-dos Santos testified before the Tercera Sala del Juzgado de Sobral
(Third Chamber of the Trial Court in and for Sobral) and Mr. André Tavares-do
Nascimento testified on April 26, 2000.58
54
Cf. Final Report issued by the Comisaría Regional de Sobral (Sobral Regional Police Station) on
December 8, 1999 regarding case No. 404/99 (record of appendixes to the answer to the application,
appendix I, volume I, page 1588 to 1593).
55
Cf. record of confrontation of witnesses conducted at the Comisaría Regional de Sobral (Sobral
Regional Police Station) on February 8, 2000 (record of appendixes to the answer to the application,
appendix I, volume I, pages 1694 to 1695); statement made by Sebastião Alves Costa Filho at Sobral
Regional Police Station on February 8, 2000 (record of appendixes to the answer to the application,
appendix I, volume I, pages 1692 to 1693); statements made by Cândida Martins-Vieira and João Paulo
Melo at Sobral Regional Police Station on January 11, 2000 (record of appendixes to the answer to the
application, appendix I, volume I, pages 1766 and 1767); and statements made by Maria Gorete-Silva
and Maria Expedita Sousa-Lira at Sobral Regional Police Station on February 15, 2000 (record of
appendixes to the answer to the application, appendix I, volumes I and II, pages 1789 to 1795).
56
Cf. official letter No.365/2000 issued by Sobral Chief of Police on February 25, 2000, addressed
to the Incumbent Judge in and for Sobral (record of appendixes to the answer to the application, appendix
I, volume I, page 1416).<0}
57
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 March 27, 1999 (record of appendixes to
the answer to the application, appendix I, volume I, pages 1409 to 1414).
58
Cf. order for summons issued by the Tercera Sala del Juzgado de Sobral (Third Chamber of the
Trial Court in and for Sobral) on April 10, 2000 (record of appendixes to the answer to the application,
appendix I, volume II, page 1842); statements made by Maria Salete Moraies Melo de Mesquita, Sérgio