44
112(37)
José Cláudio Aguiar, Maria Gorete-Silva and Maria Verónica MirandaBecerra testified on December 3 and 16, 2004.73
112(38)
After the opening of the hearing held on September 9, 2004,
scheduled for the purpose of examining the new defendants, the Judge of the Tercera
Sala del Juzgado de Sobral (Third Chamber of the Trial Court in and for Sobral) pointed
out that “the complexity of the facts, the number of defendants in the case and,
above all, the successive statements made by human rights organizations have
delayed the resolution of the case.” In addition, the judge stated that the
“proceedings necessary for the proper processing of the case have not been duly
carried out,” and that the absence of attorneys to represent three of the defendants
made it impossible to conduct the interrogatory; therefore, the judge scheduled the
hearing for October 19, 2004 and reiterated the requirement that the civil
complainant in the criminal action and the defense attorneys for the original
defendants file their closing arguments.74
112(39)
During the same hearing, the defense counsel for Mr. Sérgio AntunesFerreira-Gomes, accused in the original accusation, filed a motion to stay [the
requirement of] filing the closing arguments,” arguing that the introduction of new
evidence, as a necessary consequence of the existence of new defendants, could
benefit or harm the original defendants, and that the completion of their trial before
the conclusion of the investigation proceedings against those who were subsequently
accused might lead to a discrepancy between the first and second decisions to be
rendered by the Court. Based on such request, the Judge ordered that, after the
hearing scheduled for October 19, 2004, the records of the case be transmitted to
him for decision on the motion.75
112(40)
The interrogatory of defendants Francisco Ivo de Vasconcelos and Elias
Gomes-Coimbra was conducted on October 19, 2004.76
112(41)
The hearing scheduled for January 26, 2005 to hear witness Francisco
das Chagas-Melo’s testimony was postponed to March 2, 2005 based on lack of
notice to defendant Carlos Alberto Rodrigues-dos Santos.77
the answer to the application, appendix I, volume II, pages 2277 and 2278); and preliminary objections
filed by Francisco Ivo de Vasconcelos with the Tercera Sala del Juzgado de Sobral (Third Chamber of the
Trial Court in and for Sobral) on October 10, 2004 (record of appendixes to the answer to the application,
appendix I, volume II, pages 2272 to 2275).
73
Cf. statements made by José Cláudio Aguiar and Maria Gorete-Silva before the Tercera Sala del
Juzgado de Sobral (Third Chamber of the Trial Court in and for Sobral) on December 3, 2004 (record of
appendixes to the answer to the application, appendix I, volume II, pages 2283 to 2288); and statement
made by Maria Verónica Miranda-Bezerra before the Tercera Sala del Juzgado de Sobral (Third Chamber of
the Trial Court in and for Sobral) on December 16, 2004 (record of appendixes to the answer to the
application, appendix I, volume II, pages 2296 to 2300).
74
Cf. record of the hearing held at the Tercera Sala del Juzgado de Sobral (Third Chamber of the
Trial Court in and for Sobral) on September 9, 2004 (record of appendixes to the answer to the
application, appendix I, volume II, pages 2254 and 2255).
75
Cf. record of the hearing held at the Tercera Sala del Juzgado de Sobral (Third Chamber of the
Trial Court in and for Sobral) on September 9, 2004, supra note 74.
76
Cf. statements made by Francisco Ivo de Vasconcelos and Elias Gomes-Coimbra before the
Tercera Sala del Juzgado de Sobral (Third Chamber of the Trial Court in and for Sobral) on October 19,
2004 (record of appendixes to the answer to the application, appendix I, volume II, pages 2260 and
2268).
77
Cf. record of the hearing held at the Juzgado de Ipueiras (Trial Court in and for Ipueiras) on
January 26, 2005 (record of appendixes to the answer to the application, appendix I, volume II, page