45 112(42) On February 14, 2005, the Clerk’s Office for the Tercera Sala del Juzgado de Sobral (Third Chamber of the Trial Court in and for Sobral) transmitted “the records of the case” to the Judge for decision on the motion to stay the filing of closing arguments. Since then, the Court has proceeded to conduct hearings for the purpose of taking the testimony of Mr. Francisco das Chagas-Melo and Mrs. Albertina Viana-Lopes, and to subpoena the witnesses of the defendants included in the amendment to the accusation. The criminal proceedings concerning the death of Damião Ximenes-Lopes are presently suspended, pending the interlocutory order regarding the motion to stay the filing of closing arguments. 78 112(43) The criminal proceedings were commenced on March 27, 2000 by an accusation filed by the Attorney General’s Office, and up to the date of this Judgment no decision has been rendered by the trial court. E) Civil action for damages 112(44) On July 6, 2000 Albertina Viana-Lopes brought an action for moral damages in the Quinta Sala Civil (Fifth Civil Chamber) against Casa de Reposo Guararapes (Guararapes Rest Home), Sérgio Antunes-Ferreira-Gomes and Francisco Ivo de Vasconcelos for the “pain, grief, suffering and humiliation that […] she experienced and will experience for the rest of her life” as a result of the death of her son, Damião Ximenes-Lopes.79 112(45) On October 2, 2000, the representatives of Casa de Reposo Guararapes (Guararapes Rest Home) and defendants Sérgio Antunes-Ferreira-Gomes and Francisco Ivo de Vasconcelos filed an answer to the complaint for damages filed against them by Mrs. Albertina Viana-Lopes.80 2326); and record of the hearing held at the Juzgado de Ipueiras (Trial Court in and for Ipueiras) on March 2, 2005 (record of the merits of the case, volume IV, pages 701 to 710). 78 Cf. order entered by the Tercera Sala del Juzgado de Sobral (Third Chamber of the Trial Court in and for Sobral) on February 14, 2005 (record of appendixes to the answer to the application, appendix I, volume II, page 2327); record of the hearing held at the Juzgado de Varjota (Trial Court in and for Varjota) on April 5, 2005 (record of the merits of the case, volume IV, pages 712 and 713); and subpoena issued by the Tercera Sala del Juzgado de Sobral (Third Chamber of the Trial Court in and for Sobral) on November 17, 2005 (record of the merits of the case, volume IV, page 715). 79 Cf. brief filed by Albertina Viana-Lopes with the Quinta Sala Civil (Fifth Civil Chamber) on July 6, 2000 (record of appendixes to the answer to the application, appendix II, pages 2329 to 2343). 80 Cf. brief filed by the representatives of Casa de Reposo Guararapes (Guararapes Rest Home) with the Quinta Sala Civil (Fifth Civil Chamber) on October 2, 2000 (record of appendixes to the answer to the application, appendix II, pages 2403 and 2411); brief filed by Sérgio Antunes Ferreira Gomes with the Quinta Sala Civil (Fifth Civil Chamber) on October 2, 2000 (record of appendixes to the answer to the application, appendix II, pages 2413 to 2422); and brief filed by Francisco Ivo de Vasconcelos with the Quinta Sala Civil (Fifth Civil Chamber) on October 2, 2000 (record of appendixes to the answer to the application, appendix II, pages 2424 to 2429).

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