4 that exhaust domestic remedies" to the American Convention and to the Constitution and the laws of Peru. c. In relation to the motions interposed by the parties against the judicial sentences rendered in the proceedings, the respective opposing party had made objections of illegality and irrelevance. d. At this stage of the proceedings the evidence has not been collected or evaluated so as to permit the proper clarification of the contents, legality, and constitutionality of the aforementioned judicial decisions and the motions filed against them and of their conformity to the American Convention. Accordingly, what was required was not to undertake an investigation of the criminal proceedings to which Luis Alberto Cantoral-Benavides was subjected in search of a judicial decision that would have exhausted the domestic remedies and after which the period of time specified in Article 46(1)(b) would have begun to run. It would have been appropriate to have joined these issues to the questions on the merits, taking recourse in Articles 46(2)(a) and 46(2)(b) of the Convention. This is for two reasons: 1. Because on having established the conditions for the non existence of legal due process (proof of which is a subject for the merits), the claimant is excused from the obligation to exhaust domestic remedies, and 2. Because beneath those conditions of the non existence on due process (which, I insist, in no way can be verified at the present stage of the case) the Court’s identification of the proceeding and the "final judgment" that would have exhausted domestic remedies, is subject to too many shadows of uncertainty for the Court presently to be able to arrive at a decision that offers security and certainty. Consequently, my vote is as follows: 1. Join the first, second, third, fourth, sixth, and seventh preliminary objections raised by the Peruvian State to the merits. 2. Dismiss the fifth preliminary objection raised by the Peruvian State. 3. Continue with the consideration of the merits of the case. Carlos Vicente de Roux-Rengifo Judge Manuel E. Ventura-Robles Secretary