8
30.
The Inter-American Commission has reiterated that reasoning, for example w ith
regard to the admissibility of petitions that refer to amnesty law s in Peru, in the follow ing terms:
Regarding the alleged failure to investigate and punish the masterminds behind the La Cantuta
massacre, the Commission notes that the trial in w hich certain individuals w ere convicted for
the killings ended w ith a judgment by the Supreme Council of Military Justice on May 3,
1994. That judgment made no statement either convicting or acquitting those accu sed of
having masterminded the massacre. Then, although a new investigation aimed at identifying
the masterminds behind the incident could theoretically have been opened, Article 6 of Law
No. 26479, in accordance w ith the terms of Article 3 of Law No. 2649 2, stipulates that the
Peruvian courts are prohibited from beginning any such investigation. Thus, given that Peru’s
internal legislation lacks an effective remedy for trying to determine the alleged responsibility
of the masterminds, the exemption from the requirement of exhausting domestic law
remedies, set forth in Article 46.2.a, applies. 8
31.
Consequently, as it has ruled w ith respect to amnesty law s related to Argentina,
Uruguay, and Peru, among others, the IACHR determines that this petition is admissible because
Brazil’ s domestic law does not contemplate due process of law for the protection of the rights
alleged to have been violated. The IACHR therefore applies to this petition the exception to the rule
of prior exhaustion of domestic remedies established in Article 46.2.a of the American Convention.
C.
Timeliness of the petition
32.
Article 46.1.b of the American Convention establishes that for a petition to be
considered admissible by the IACHR it must be lodged w ithin a period of six months from the dat e
on w hich the party alleging violation of rights w as notified of the final judgment. The IACHR has
established, above, the application of the exception of exhaustion of domestic remedies under
Article 46.2.a of the American Convention. In that regard, Art icle 32.2 of the Inter-American
Commission’ s Rules of Procedure establishes that in those cases in w hich exceptions to the prior
exhaustion of domestic remedies apply, the petition shall be presented w ithin a reasonable period of
time, as determined by the IACHR. For this purpose, the Inter-American Commission should take
into account the date on w hich the alleged violation of rights occurred and the circumstances of
each case.
33.
In the matter being examined, the IACHR observes that the alleged arbitrary
detention, torture, and death of the alleged victim occurred on October 25, 1975. Nevertheless, the
Inter-American Commission notes that the petition also claims that Law No. 6.683/79 is
incompatible w ith the American Convention and alleges ongoing impunity w ith respect to the
violations committed against the alleged victim, w hich presumably continue to this day by virtue of
the existence of the Brazilian amnesty law .
34.
In order to determine w hether the petition w as lodged w ithin a reasonable time
period, the IACHR deems it pertinent to point out that although Law No. 6.683/79 w as enacted in
1979, it w as not until 1992 that there w as an attempt to criminally investigate the facts in this
case. In fact, on May 4, 1992, Prosecutor Luiz Antonio Guimarães Marrey of the Public Prosecutor’ s
Office decided to open a police investigation, based on new and supervening evidence, 9 specifically
statements made by a retired military officer know n as “ Captain Ramiro,” w hich w ere published on
March 25, 1992, in the magazine Isto É, Senhor. 10 How ever, on July 21, 1992, “ Captain Ramiro”
8
IACHR. Report No. 42/99, Admissibility, Petition 11.045, La Cantuta, Peru, March 11, 1999, para. 43 (emphasis
ours). Along the same lines, see IACHR. Application to the Inter-American Court of Human Rights against the Republic of
Peru, Case 11.528, Barrios Altos, para. 54, available at: http://w w w .corteidh.or.cr/docs/casos/barrios/demanda.PDF.
9
See Annex 8 of the initial petition.
10
See Annex 7 of the initial petition.