Here's a valid loophole: given that whirlwind's Tor site is still operational in some way, decodex could deposit another 0.001 BTC (the minimum required for mixing) and share the evidence here. This way, the Type-3 Flag becomes valid again, aligning with all the relevant points.
I have not seen anyone who so willingly wants to part with money, even if it's just $20, especially to a service that is non-functioning anymore. How do you possibly think he will get a refund for that amount in any situation where he wanted to reclaim it? Just go to minerjones and ask for more DAI? No, that would display incompetence.