43
the Centro de Apoyo Operacional de los Grupos Socialmente Discriminados de la Fiscalía
General de Justicia (Center for the Operational Support of Socially Marginalized Groups
under the Office of the State Attorney). 68
112(33)
On September 22, 2003, the Attorney General ’s Office Prosecutor
filed her closing arguments in the criminal proceedings relating to the death of Mr.
Damião Ximenes-Lopes and a the motion to amend the accusation in respect of
Messrs. Francisco Ivo de Vasconcelos and Elias Gomes-Coimbra for maltreatment
resulting in death, as defined in the Brazilian Penal Code, Section 136, paragraph 2,
to the detriment of Mr. Damião Ximenes-Lopes.69
112(34)
On June 17, 2004, the Judge of the Tercera Sala de Sobral (Third
Chamber of the Trial Court in and for Sobral), after acknowledging that the Court
was falling behind with its work due to heavy workload and stating that he himself
had not been in office for 90 days (30-day vacation in January, plus 60 days on sick
leave between February and April 2004), received the amendment to the accusation
and ordered to summon the new defendants to appear in court to be examined.
Notwithstanding the foregoing, the Judge reiterated the requirement that the civil
complainant in the criminal action and the defense attorneys file their closing
arguments “forthwith.”70
112(35)
On August 30, 2004, it was not possible to examine the new
defendants as no notice was served on the attorney for the civil complainant in the
criminal action and some defense attorneys; therefore the Judge of the Tercera Sala
del Juzgado de Sobral (Third Chamber of the Trial Court in and for Sobral), “for
reasons of expediency,” scheduled a new hearing for September 9, 2004. 71
112.36.
On October 22, 2004, Mr. Elias Gomes-Coimbra’s defense counsel
pleaded his innocence and offered witnesses to be called at hearing. That same day,
Mr. Francisco Ivo de Vasconcelos raised preliminary objections, argued the legal and
factual insufficiency of the allegations made by the Attorney General’s Office, denied
the charges brought against him, and offered witness testimony. 72
68
Cf. letter sent by Irene Ximenes-Lopes-Miranda to the President of 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) on December 12, 2000 (record of the appendixes to the
answer to the application, appendix I, volume II, page 1908).
69
Cf. closing arguments 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 September 22, 2003 (record of
appendixes to the answer to the application, appendix I, volume II, pages 2166 to 2172); and motion to
amend the accusation 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 September 22, 2003 (record of
appendixes to the answer to the application, appendix I, volume II, pages 2174 to 2178).
70
Cf. order entered by the Tercera Sala del Juzgado de Sobral (Third Chamber of the Trial Court in
and for Sobral) on June 17, 2004 (record of appendixes to the answer to the application, appendix I,
volume II, page 2180); and summons to defendants Francisco Ivo de Vasconcelos and Elias GomesCoimbra issued by the Clerk’s Office for the Tercera Sala de Sobral (Third Chamber of the Trial Court in
and for Sobral) on August 25, 2004 (record of appendixes to the answer to the application, appendix I,
volume II, page 2189).
71
Cf. record of the hearing held at the Tercera Sala del Juzgado de Sobral (Third Chamber of the
Trial Court in and for Sobral) on August 30, 2004 (record of appendixes to the answer to the application,
appendix I, volume II, page 2235).
72
Cf. preliminary objections filed by Elias Gomes-Coimbra with the Tercera Sala del Juzgado de
Sobral (Third Chamber of the Trial Court in and for Sobral) on October 10, 2004 (record of appendixes to