40
112(27)
On April 27 and May 17 and 24, 2000, defendants Maria Salete
Moraes-Melo de Mesquita, Sérgio Antunes-Ferreira-Gomes, André Tavares-do
Nascimento, and Carlos Alberto Rodrigues-dos Santos filed an answer to the
accusation of the Attorney General’s Office, denying all charges against them,
reserving the right to assert defenses in the closing written arguments, and offering
new witnesses.59
112(28)
On August 10, 2000, Mrs. Albertina Viana-Lopes, mother of Damião
Ximenes-Lopes, requested to be admitted as a civil complainant in the criminal
action instituted by the Attorney General ’s Office (hereinafter, “civil complainant in
the criminal action”). On January 26, 2001, the Attorney General ’s Office
consented to the petition, and on March 1, 2001, the Juzgado de la Tercera Sala de
Sobral (Third Chamber of the Trial Court in and for Sobral) admitted Mrs. Albertina
Viana-Lopes as civil complainant in the criminal action.60
112(29)
From May 24, 2000 and during approximately two years, the Juzgado
de la Tercera Sala de Sobral (Third Chamber of the Trial Court in and for Sobral) limited
itself to holding hearings, of which many were postponed for different reasons,
taking place days or months after the original date, as described below:
a)
the hearing scheduled for August 16, 2000, was postponed due to “the
unavailability of the judge” in charge of the Tercera Sala del Juzgado de Sobral
(Third Chamber of the Trial Court in and for Sobral), and was finally held on
October 11, 2000, on which date witnesses Francisco Ivo de Vasconcelos,
José Cláudio Aguiar and Elias Gomes-Coimbra gave testimony, and the
hearing was adjourned “due to time constraints;”61
Antuns Ferreira-Gomes and Carlos Alberto Rodrigues-dos Santos before the Tercera Sala del Juzgado de
Sobral (Third Chamber of the Trial Court in and for Sobral) on April 24, 2000 (record of appendixes to the
answer to the application, appendix I, volume I, pages 1844 to 1851); and statement made by André
Tavares-do Nascimento before the Tercera Sala del Juzgado de Sobral (Third Chamber of the Trial Court in
and for Sobral) on April 26, 2000 (record of appendixes to the answer to the application, appendix I,
volume I, pages 1853 and 1854).
59
Cf. answer filed by Maria Salete Morais-Melo de Mesquita with the Tercera Sala del Juzgado de
Sobral (Third Chamber of the Trial Court in and for Sobral) on April 27, 2000 (record of appendixes to the
answer to the application, appendix I, volume II, page 1856); answer filed by Sérgio Antunes Ferreira
Gomes with the Tercera Sala del Juzgado de Sobral (Third Chamber of the Trial Court in and for Sobral) on
May 17, 2000 (record of appendixes to the answer to the application, appendix I, volume II, page 1860);
answer filed by André Tavares do Nascimento with the Tercera Sala del Juzgado de Sobral (Third Chamber
of the Trial Court in and for Sobral) on May 24, 2000 (record of appendixes to the answer to the
application, appendix I, volume II, page 1863); and answer filed by Carlos Alberto Rodrigues dos Santos
with the Tercera Sala del Juzgado de Sobral (Third Chamber of the Trial Court in and for Sobral) on May
24, 2000 (record of appendixes to the answer to the application, appendix I, volume II, page 1864).
60
Cf. petition filed by Albertina Viana-Lopes with the Tercera Sala del Juzgado de Sobral (Third
Chamber of the Trial Court in and for Sobral) on August 10, 2000 (record of appendixes to the answer to
the application, appendix I, volume II, page 1929); consent by the Attorney General’s Office, dated
January 26, 2001 (record of appendixes to the answer to the application, appendix I, volume II, page
1933); and order entered by the Tercera Sala del Juzgado de Sobral (Third Chamber of the Trial Court in
and for Sobral) on March 1, 2001 (record of appendixes to the answer to the application, appendix I,
volume II, page 1934).
61
Cf. order entered by the Tercera Sala del Juzgado de Sobral (Third Chamber of the Trial Court in
and for Sobral) on May 24, 2000 (record of appendixes to the answer to the application, appendix I,
volume II, page 1866); certificate from the Tercera Sala del Juzgado de Sobral (Third Chamber of the Trial
Court in and for Sobral), dated August 16, 2000 (record of appendixes to the answer to the application,
appendix I, volume II, page 1873); and statements made by Francisco Ivo de Vasconcelos, José Cláudio