45
112(42)
On February 14, 2005, the Clerk’s Office for the Tercera Sala del Juzgado
de Sobral (Third Chamber of the Trial Court in and for Sobral) transmitted “the
records of the case” to the Judge for decision on the motion to stay the filing of
closing arguments. Since then, the Court has proceeded to conduct hearings for the
purpose of taking the testimony of Mr. Francisco das Chagas-Melo and Mrs. Albertina
Viana-Lopes, and to subpoena the witnesses of the defendants included in the
amendment to the accusation. The criminal proceedings concerning the death of
Damião Ximenes-Lopes are presently suspended, pending the interlocutory order
regarding the motion to stay the filing of closing arguments. 78
112(43)
The criminal proceedings were commenced on March 27, 2000 by an
accusation filed by the Attorney General’s Office, and up to the date of this Judgment
no decision has been rendered by the trial court.
E)
Civil action for damages
112(44)
On July 6, 2000 Albertina Viana-Lopes brought an action for moral
damages in the Quinta Sala Civil (Fifth Civil Chamber) against Casa de Reposo
Guararapes (Guararapes Rest Home), Sérgio Antunes-Ferreira-Gomes and Francisco
Ivo de Vasconcelos for the “pain, grief, suffering and humiliation that […] she
experienced and will experience for the rest of her life” as a result of the death of
her son, Damião Ximenes-Lopes.79
112(45)
On October 2, 2000, the representatives of Casa de Reposo Guararapes
(Guararapes Rest Home) and defendants Sérgio Antunes-Ferreira-Gomes and
Francisco Ivo de Vasconcelos filed an answer to the complaint for damages filed
against them by Mrs. Albertina Viana-Lopes.80
2326); and record of the hearing held at the Juzgado de Ipueiras (Trial Court in and for Ipueiras) on
March 2, 2005 (record of the merits of the case, volume IV, pages 701 to 710).
78
Cf. order entered by the Tercera Sala del Juzgado de Sobral (Third Chamber of the Trial Court in
and for Sobral) on February 14, 2005 (record of appendixes to the answer to the application, appendix I,
volume II, page 2327); record of the hearing held at the Juzgado de Varjota (Trial Court in and for
Varjota) on April 5, 2005 (record of the merits of the case, volume IV, pages 712 and 713); and subpoena
issued by the Tercera Sala del Juzgado de Sobral (Third Chamber of the Trial Court in and for Sobral) on
November 17, 2005 (record of the merits of the case, volume IV, page 715).
79
Cf. brief filed by Albertina Viana-Lopes with the Quinta Sala Civil (Fifth Civil Chamber) on July 6,
2000 (record of appendixes to the answer to the application, appendix II, pages 2329 to 2343).
80
Cf. brief filed by the representatives of Casa de Reposo Guararapes (Guararapes Rest Home) with
the Quinta Sala Civil (Fifth Civil Chamber) on October 2, 2000 (record of appendixes to the answer to the
application, appendix II, pages 2403 and 2411); brief filed by Sérgio Antunes Ferreira Gomes with the
Quinta Sala Civil (Fifth Civil Chamber) on October 2, 2000 (record of appendixes to the answer to the
application, appendix II, pages 2413 to 2422); and brief filed by Francisco Ivo de Vasconcelos with the
Quinta Sala Civil (Fifth Civil Chamber) on October 2, 2000 (record of appendixes to the answer to the
application, appendix II, pages 2424 to 2429).