46
112(46)
On November 17, 2000, Mrs. Albertina Viana-Lopes filed a reply to the
answer of Casa de Reposo Guararapes (Guararapes Rest Home) and of Messrs. Sérgio
Antunes-Ferreira-Gomes and Francisco Ivo de Vasconcelos to the complaint.81
112(47)
On December 6, 2000 the Quinta Sala Civil (Fifth Civil Chamber)
scheduled the conciliation conference for March 1, 2001. On said date, the Quinta Sala
Civil (Fifth Civil Chamber), without offering any explanation, rescheduled the
conference for March 15, 2001, on which date the conference was held, but there
were no conciliatory gestures from the parties.82
112(48)
On August 15, 2003 the Quinta Sala Civil (Fifth Civil Chamber)
requested the Tercera Sala del Juzgado de Sobral (Third Chamber of the Trial Court in
and for Sobral) detailed information on the criminal proceedings pending before said
Court regarding the death of Mr. Damião Ximenes-Lopes and on the status of such
proceedings. On August 19, 2003, the Judge of the Tercera Sala de Sobral (Third
Chamber of the Trial Court in and for Sobral) informed that the proceedings where at
the closing arguments stage, as set forth in Section 499 of the Code of Criminal
Procedure. On August 29 of the same year, the Quinta Sala Civil (Fifth Civil Chamber)
decided to stay the civil proceedings for a maximum of one year pending the
outcome of the criminal proceedings.83
112(49)
On October 15, 2004, the Quinta Sala Civil (Fifth Civil Chamber)
requested the Tercera Sala del Juzgado de Sobral (Third Chamber of the Trial Court in
and for Sobral) to advise whether judgment had been entered in the case of Mr.
Damião Ximenes-Lopes and, if so, to transmit a copy thereof. On October 21, 2004
the Tercera Sala de Sobral (Third Chamber of the Trial Court in and for Sobral)
informed that on September 24 of that same year the accusation was amended to
include Messrs. Elias Gomes-Coimbra and Francisco Ivo de Vasconcelos as
defendants, whose testimony was taken on October 19, 2004 and that, as regards to
all other defendants, the proceedings were suspended pending decision on a motion
to stay the filing of closing arguments filed by one of the defense attorneys 84 (supra
para. 112(42)). Up to the date of this judgment, no judgment has been rendered by
the trial court in the civil action for damages.
81
Cf. brief filed by Albertina Viana-Lopes with the Quinta Sala Civil (Fifth Civil Chamber) on
November 17, 2000 (record of appendixes to the answer to the application, appendix II, pages 2446 to
2448).
82
Cf. order entered by the Quinta Sala Civil (Fifth Civil Chamber) on December 6, 2000 (record of
appendixes to the answer to the application, appendix II, page 2450); order entered by the Quinta Sala
Civil (Fifth Civil Chamber) on March 1, 2001 (record of appendixes to the answer to the application,
appendix II, pages 2463 and 2464); and record of the conference held at the Quinta Sala Civil (Fifth Civil
Chamber) on March 15, 2001 (record of appendixes to the answer to the application, appendix II, pages
2466 and 2467).
83
Cf. order entered by the Quinta Sala Civil (Fifth Civil Chamber) on August 15, 2003 (record of
appendixes to the answer to the application, appendix II, page 2576); official letter No. 521/03 issued by
the Tercera Sala del Juzgado de Sobral (Third Chamber of the Trial Court in and for Sobral) on August 19,
2003 (record of appendixes to the answer to the application, appendix II, page 2580); and order entered
by the Quinta Sala Civil (Fifth Civil Chamber) on August 29, 2003 (record of appendixes to the answer to
the application, appendix II, page 2582).
84
Cf. order entered by the Quinta Sala Civil (Fifth Civil Chamber) on October 15, 2004 (record of
appendixes to the answer to the application, appendix II, page 2633); official letter No. 1545/04 issued
by the Tercera Sala del Juzgado de Sobral (Third Chamber of the Trial Court in and for Sobral) on October
21, 2004 (record of appendixes to the answer to the application, appendix I, volume II, page 2636).