47
e)
Exhumation of the body of Mr. Damião Ximenes-Lopes
112(50)
On March 15, 2001, the Quinta Sala Civil (Fifth Civil Chamber) decided
to grant the petition filed by the representatives of Casa de Reposo Guararapes
(Guararapes Rest Home) for the post-exhumation examination of the body of Mr.
Damião Ximenes-Lopes and ordered the Director of the Forensic Unit to appoint two
experts to conduct the examination.85
112(51)
On March 25 and 27, 2001, Mrs. Albertina Viana-Lopes and defendant
Francisco Ivo de Vasconcelos filed a brief containing the issues to be analyzed in the
expert examination of the body of Mr. Damião Ximenes-Lopes.86
112(52)
On March 26, 2001, the representative of Casa de Reposo Guararapes
(Guararapes Rest Home) withdrew the petition for exhumation. On June 19 of the
same year, Albertina Viana-Lopes argued in favor of performing the expert
examination in order to arrive at the truth. On June 20, 2001, the Quinta Sala Civil
(Fifth Civil Chamber) resolved to uphold the exhumation order. 87
112(53)
On September 24, 2001, the Quinta Sala Civil (Fifth Civil Chamber) once
again requested the Director of the Forensic Unit of the Medico-Legal Institute to
appoint two experts to conduct the exhumation. Said request was reiterated on
October 30, 2001.88
112(54)
On February 21, 2002, the Technical-Scientific Department of Dr.
Walter Porto Medico-Legal Institute scheduled the exhumation of the body of Mr.
Damião Ximenes-Lopes for April 6, 2002 at 8.00 am, and designated two experts for
such purposes. The expert examination was conducted on April 6, 2002, and it was
concluded that the case of Mr. Damião Ximenes-Lopes was a death of “unknown
cause” (supra para. 112.16).89
85
Cf. record of the hearing 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).
86
Cf. brief filed by Francisco Ivo de Vasconcelos with the Quinta Sala Civil (Fifth Civil Chamber) on
March 25, 2001 (record of appendixes to the answer to the application, appendix II, pages 2468 and
2469); and brief filed by Albertina Viana-Lopes with the Quinta Sala Civil (Fifth Civil Chamber) on March
27, 2001 (record of appendixes to the answer to the application, appendix II, pages 2470 and 2471).
87
Cf. brief filed by Francisco Ivo de Vasconcelos with the Quinta Sala Civil (Fifth Civil Chamber) on
March 26, 2001 (record of appendixes to the answer to the application, appendix II, pages 2473 and
2474); brief filed by Albertina Viana-Lopes with the Quinta Sala Civil (Fifth Civil Chamber) on June 19,
2001 (record of appendixes to the answer to the application, appendix II, pages 2500 and 2501); and
order entered by the Quinta Sala Civil (Fifth Civil Chamber) on June 20, 2001 (record of appendixes to the
answer to the application, appendix II, pages 2502 and 2503).
88
Cf. order entered by the Quinta Sala Civil (Fifth Civil Chamber) on September 11, 2001 (record of
appendixes to the answer to the application, appendix II, page 2512 and 2513); official letter No.
372/2001 issued by the Quinta Sala Civil (Fifth Civil Chamber) on September 24, 2001 (record of
appendixes to the answer to the application, appendix II, page 2514); and official letter No. 468-M/2001
issued by the Quinta Sala Civil (Fifth Civil Chamber) on October 30, 2001 (record of appendixes to the
answer to the application, appendix II, page 2522).
89
Cf. official letter No. 170/200-CPD-02 issued by the Technical-Scientific Department of Dr. Walter
Porto Medico-Legal Institute on February 21, 2002 (record of appendixes to the answer to the application,
appendix II, page 2525); official letter No. 795/2002 issued by the Comisaría Regional de Sobral (Sobral
Regional Police Station) on May 2, 2002 (record of appendixes to the answer to the application, appendix