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). 35

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