indemnify the families, and that it properly investigate, try and punish the culprits, and that it take steps to prevent a recurrence of acts of this nature. 6. The petitioner annexes the following documents in evidence: a. A report in the daily "O Globo" of May 9, 1995, describing a police raid against suspected traffickers in the shantytown of Nova Brasilia, in the Complexo do Alemão," in Ramos, in which an alleged trafficker was struck by a bullet fired from one of two police helicopters; b. A report in the daily "O Dia" of May 9, 1995, on an operation by police officers, who cornered and shot suspected traffickers; c. The record 0252-95 of the incident from the police investigation, Secretariat of State for the Civil Police; d. A report in the daily "Folha de São Paulo" of May 9, 1995; e. Statements by a police officer on May 8, 1995, to the Superintendency of Judicial Police; f. Statements by witness Raimundo Edilson Reis, a resident of the shantytown in the said police investigation; g. Statements by witness Carlos Enrique de Oliveira in the same investigation. B. Position of the State 7. In the hearing on the case the State Representatives advised in reply that the deaths had occurred in a dispute between rival groups of traffickers, and said that the Office of the Public Prosecutor was taking the requisite steps and that the Office of the Public Defender was gathering evidence to ensure that the culprits would not elude justice. They said that the events were under investigation and were of the view that, until the statute of limitations runs out on a criminal proceeding, the domestic remedies have not been exhausted, for, theoretically, if new facts emerge that invalidate or prevail over the evidence, the case can be reopened. 8. The Commission deferred analysis of the substance of the petition and the State’s defense to the next stage of the present proceeding. IV. FACTS NOT IN DISPUTE 9. As stated in the information supplied by the petitioner and corroborated or not contested by the State, on May 8, 1995, the Rio de Janeiro State Police conducted a raid in the shantytown of Nova Brasilia against an alleged gang of drug traffickers. In this raid, police gunfire took the lives of at least fourteen persons. The police officers were part of the Bank Robbery and Theft Delegation; they numbered fourteen effectives armed with rifles and machine guns and were covered by two helicopters. 10. The police investigation was opened the same day, and was not completed five months after the date of the complaint. 11. The promoter of the case told the petitioners that the police officers had fired in self-defense. V. JURISDICTION OF THE COMMISSION TO HEAR THE COMPLAINT 12. The Commission has prima facie jurisdiction to consider the petition in question. Petitioner has locus standi and has presented grievances against the manner of compliance by the agents of the State party with the provisions of the Convention. The facts alleged in the petition took place when the obligation to respect and guarantee the rights established in the Convention was already in force for the Brazilian State. VI. 1. ADMISSIBILITY OF THE CASE Exhaustion of domestic remedies 2

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