events, 198 taking into account, among other matters, the steps taken to obtain justice and the
existence of a close family relationship. 199
126. Bearing that in mind, the body of evidence in this case shows that Gabriel Sales Pimenta’s
family followed the criminal trial for his murder and were actively involved as “assistants of the
prosecution” 200 from the beginning, and that they made efforts in support of the trial's progress and
conclusion. As has been noted previously, despite their efforts, the trial lasted almost 24 years, only
to end with a termination of criminal liability under the statute of limitations for the only surviving
defendant. Moreover, it has been shown that the length of the investigations and criminal trial, the
lack of a conviction of anyone responsible for the violent death, and the failure to exercise due
diligence caused those family members pain and suffering that harmed their psychological and
emotional integrity. The absolute impunity that prevails for the murder of Gabriel Sales Pimenta is a
primary cause of the harm to the personal integrity of each member of his family.
127. Rafael Sales Pimenta, brother of Mr. Sales Pimenta, was particularly involved in following the
investigations. He noted the close ties of affection and “mutual support” that existed between him,
his six brothers, and their parents. 201 He emphasized that he and his brothers had had “a very nice,
wonderful childhood” and that their relationship with Gabriel Sales Pimenta was excellent. He saw
Mr. Sales Pimenta as an example for him and believed his brothers did as well. 202 Regarding the
harm experienced by him and his family due to the State’s shortcomings in the criminal and civil
proceedings in this case, as well as by the ongoing impunity, Rafael Sales Pimenta stated that
It affected us deeply [...], and it still does. It affects all of us without exception. My parents didn’t see life
the same way anymore; they no longer had any hope that those responsible would be punished in this life
through the legal system, and each of the brothers, with our different personalities, experienced these
challenges for the rest of our lives. 203
[...] we’ve been seeking justice for 40 years. July 18 is the 40th anniversary of his murder, and the State
of Brazil has done nothing about it. 204
128. Sérgio Sales Pimenta 205, Marcos Sales Pimenta 206, André Sales Pimenta, 207 and Daniel Sales
Pimenta 208 also described affectionate relationships between them and their brother Gabriel. The
Court was able to observe the involvement of each of them in the events described in this case and
the pain and suffering it caused them.
129. Daniel Sales Pimenta described feeling powerless whenever he received news of the criminal
proceedings. 209
198
Cf. Case of Blake v. Guatemala. Merits. Judgment of January 24, 1998. Series C No. 36, para. 114, and Case of
Manuela et al. v. El Salvador. Preliminary objections, merits, reparations, and costs. Judgment of November 2, 2021. Series
C No. 441, para. 262.
199
Cf. Case of Bámaca Velásquez v. Guatemala. Merits. Judgment of November 25, 2000. Series C No. 70, para. 163,
and Case of Manuela et al. v. El Salvador, supra, para. 262.
Article 268 of the Brazilian Criminal Code establishes that the victim or their legal representative, as well as others,
can participate in the criminal trial to support the Public Prosecutor's Office. Available in Portuguese at:
http://www.planalto.gov.br/ccivil_03/decreto-lei/del3689.htm.
200
201
Cf. Statement of Rafael Sales Pimenta during the public hearing of this case.
202
Cf. Statement of Rafael Sales Pimenta during the public hearing of this case.
203
Cf. Statement of Rafael Sales Pimenta during the public hearing of this case.
204
Cf. Statement of Rafael Sales Pimenta during the public hearing of this case.
205
Cf. Statement of Sérgio Sales Pimenta, (evidence file, folios 6671–6672).
206
Cf. Statement of Marcos Sales Pimenta (evidence file, folio 6682).
207
Cf. Statement of André Sales Pimenta, (evidence file, folio 6697).
208
Cf. Statement of Daniel Sales Pimenta, (evidence file, folios 6710–6711).
209
Cf. Statement of Daniel Sales Pimenta, (evidence file, folio 6776).
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