5 monetary compensation. In addition, that decision determined that the record of the proceedings should be forw arded to the Off ice of the Attorney General for Military Justice, so that it could adopt the relevant criminal measures. How ever, the State adds, on August 28, 1979, Law No. 6.683/79 w as passed, w hich established amnesty for everyone w ho had committed “ political or related crimes.” Thus, the State concludes, the enactment of the amnesty law effectively exhausted domestic remedies, and at the same time has blocked State initiatives to pursue the criminal prosecution of those responsible for the death of the alleged victim. Thus, the petition lodged on July 10, 2009, w ould not meet the requirement established in Article 46 .1.b of the American Convention. 20. If the IACHR decides not to consider enactment of the amnesty law as the date for exhaustion of domestic remedies, the State alleges that the IACHR should determine that Law No. 6.683/79 effectively impedes access to remedies under domestic law , in accordance w ith the exception established in Article 46 .2.b of the American Convention. Thus, under Article 32.2 of the IACHR Rules of Procedure, the petition must be lodged w ithin a reasonable period of time. In this regard, the State maintains that the IACHR should take into account the date on w hich the alleged violation occurred and the circumstances of the case. In this case, the State concludes, the petition w as not lodged w ithin a reasonable period of time; that is, it w as filed 30 years after the amnesty law w as enacted and nearly 34 years after the alleged victim’ s death. 21. Alternatively, the St ate observes that the IACHR should find that the remedies under domestic law w ere exhausted w ith the judgment of the Superior Court of Justice on August 18, 1993. It upheld on appeal the October 13, 1992, decision adopted by the State of São Paulo Court of Justice to close the police investigation into the alleged victim’ s death. That decision, according to the State, confirms that the amnesty law effectively constitutes an obstacle to the criminal prosecution of those responsible for the violations perpetrated against the alleged victim . On this point, the State also contends that the attempt by the Federal Public Prosecutor’ s Office to initiate a new investigation in the federal justice system does not open the door for a new time frame to begin for the petitioners’ access to the inter-American system, and that it is therefore not reasonable for the petitioners to have only just lodged this petition on July 10, 2009. 22. Finally, the State maintains that the complete inadmissibility of this petition is clear under Article 47.c of the American Convention, because the State has undertaken every possible effort to mitigate the damages related to the death of the alleged victim. In that regard, the State asserts that the National Truth Commission, created on May 16, 2012, is already investigatin g the circumstances and the facts, as w ell as the possible perpetrators, of the violations committed against the alleged victim. Along these lines, the State emphasizes that , based on a request presented by the alleged victim’ s next of kin, the National Truth Commission requested correction of the alleged victim' s death certificate before the Second Court of Public Records, on September 24, 2012. In fact, according to the State, the judicial authority determined that the document should be corrected to stat e that the death w as the result of “ injuries and abuse suffered during an interrogation at an army facility in São Paulo.” 23. In conclusion, based on all the foregoing arguments, the State requests that the Inter-American Commission declare this petition to be inadmissible, in accordance w ith Article 47 of the American Convention.

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