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.