d. It failed to conduct thorough investigations into police involvement in the murder of Nogueira; and e. It neglected to provide adequate protection for witnesses or judicial remedy for the victims of police violence and their relatives. 28. Regarding admissibility, the complainants claim in their original petition exhaustion of domestic remedies since investigations were closed before any suspect could be indicted for the crime, and police involvement in the killing was dismissed without serious consideration. Federal Police Investigator Gilson Campos neither questioned the credibility of Fernandes’ alibi, nor did he adequately probe police involvement into Nogueira’s murder, claiming that he lacked sufficient resources to conduct thorough investigations. On June 19, 1997, after seven months of investigations, Campos and the local prosecutor recommended that Judge Talita de Borba Maranhao e Silva shelve the case. As a result, no formal charges were brought and police investigations were closed. 29. The petitioners contend that the shelving of the case constitutes a final judgment since under Brazilian law, once a case has been shelved (arquivado) proceedings may only be reopened if new facts are found, and petitioners are not authorized to reopen cases that have been shelved. 30. The petitioners assert in that original petition that although the decision to shelve a case is not necessarily final, for purposes of Article 46(1)(b), the decision may be considered a “final judgement” for admitting a petition seeking recourse for violations of the Convention. Since the petition was filed within six months of the shelving date, the petitioners contend that it satisfies the requirements of Regulation 46. 31. The petitioners request that the Commission find that the State of Brazil violated Articles 4 (right to life); 8 (right to a fair trial); and 25 (right to judicial protection) in conjunction with Article 1(1) (obligation to respect rights) of the Convention and recommend that the State: 1) reopen the investigation into the death of Gilson Nogueira, conducting thorough and meaningful inquiries into police involvement, particularly that of Jorge Luiz Fernandes; 2) prosecute to the fullest extent of the law those found directly and indirectly responsible; 3) provide protection for individuals willing to testify against police and state agents; and 4) pay reparations to Gilson Nogueira’s family. 32. In regard to Deputy Secretary of Security, Pinto, the petitioners request that the Commission recommend that the State: 1) investigate his background, expose his involvement in criminal activities, and prosecute him in accordance with Brazilian law; 2) remove him from his post as head of the Special Arrests Precinct (Delegácia de Capturas); and 3) suspend him from the police force. 33. The petitioners also request that the Commission recommend that the State: 1) monitor the independence and the integrity of the judiciary; 2) support efforts by the State Prosecutors’ Office to prosecute and try local police; 3) immediately suspend local police officers from duty for their involvement in criminal activities and reverse judicial orders allowing Jorge Luiz Fernandes to leave his place of detention on a regular basis; and 4) clarify and strengthen the power of the Federal Government in disputes with state authorities. 34. On August 5, 2000, the petitioners provided updated information on the investigation and criminal proceedings. According to the information provided, one of the current petitioners, James Cavallaro, at that time Director of the Human Rights Watch office in Brazil and persons filming documentaries for the British Broadcasting Corporation were able to meet a former policeman in Río Grande do Norte. This former police officer (whose name they do not disclose for security reasons and whom they call “Luis”) provided them with information on policemen and civil servants in the Secretariat of Public Security who, he said, had taken part in actions attributed to the Golden Boys, and with whom he had worked as a police agent for several years. 35. The information provided states that Luis told them of the existence of a place about 10 to 15 kilometers outside Natal, where the bodies of the victims of the “White Hand” and “Golden Boys” death squads were buried. Luis also provided details of the conspiracy to kill attorney 5