period set by the Commission under the provisions of Article 38 of these Rules of Procedure, as long as other evidence does not lead to a different conclusion.”6 16. As regards compliance with the admissibility requirements set forth at Article 46(1)(a) of the American Convention, the petitioners allege that the exception to the requirement of prior exhaustion of domestic remedies provided for at Article 46(2)(c) is applicable, based on the unwarranted delay in the investigation.7 They allege that there are direct perpetrators and persons who planned the massacre who have not been duly investigated and prosecuted, and that the proceeding was at a standstill for six years and has not advanced effectively. B. The State’s position 17. In its communication of March 5, 2001, the State alleges that the facts that are the subject matter in this case have been duly clarified by the judicial authorities. It notes that while it is true that the judicial investigation into the assassination of the victims continues and has extended for more than 12 years, this should not be considered by the IACHR as an unjustified delay, since the investigation has advanced in a profound and decided manner with a view to clarifying the case completely.8 It alleges that this matter cannot be considered using the same standards as in other cases, in view of a number of special circumstances.9 18. The State indicates that Courts 14 and 15 of Criminal Investigation of Barrancabermeja performed the official procedure of removal of the bodies on January 18, 1989, and forwarded the results to the investigative unit specially created to investigate and clarify the facts in the massacre. Later, the investigation was forwarded to the First Public Order Court of Pasto, which on July 29, 1990 convicted and sentenced Alonso de Jesús Baquero Agudelo (Vladimir), Julián Jaimes or Julio Rivera, Héctor Rivera Jaimes, and Ricardo Ríos Avendaño to 30 years in prison for the crimes of conspiracy to commit criminal acts, shooting firearms, use of explosives against vehicles, manufacture and trafficking of arms and munitions for exclusive use of the Armed Forces, and aggravated homicide for terrorist purposes. Also convicted were Norberto de Jesús Martínez Sierra, Rafael Pombo, and Anselmo Martínez, who were declared in absentia and sentenced to ten years and four months imprisonment for the crime of conspiracy to commit criminal acts. Mr. Jesús Emilio Jácome Vergara and Mr. German Vergara were also convicted to ten years imprisonment for the same offence. In the same judgment, also convicted were First Army Sgt. Otoniel Hernández Arciniegas and Army Lt. Luis Enrique Andrade Ortiz, to a penalty of five years imprisonment for responsibility for the crime of aiding and abbeting terrorist activities. 19. On appeal, the Superior Public Order Court modified10 and overturned some of the judgments imposed. Specifically, the conviction of Sgt. Otoniel Hernández Arciniegas was reduced to one year of arresto for the crime of aiding and abetting; the investigation into the involvement of Lt. Luis Enrique Andrade was remitted to the military criminal courts. In addition, the judgment issued against Norberto de Jesús Martínez Sierra, Rafael Pombo, and Anselmo Martínez was overturned and the entire proceeding was declared null and void. Later, the Superior Public Order Court, on a motion for cassation, referred the proceeding to the Supreme Court of Justice, which vacated it. The State also reported that, by internal decision of the National Army, Lt. Luis Enrique Andrade and Sgt. Otoniel Hernández were discharged. 6 When the petition was forwarded to the State, the Regulations in force until April 30, 2001 were applicable. These established at Article 42: “The facts reported in the petition whose pertinent parts have been transmitted to the government of the State in reference shall be presumed to be true if, during the maximum period set by the Commission under the provisions of Article 34 paragraph 5, the government has not provided the pertinent information, as long as other evidence does not lead to a different conclusion.” Basic Documents Pertaining to Human Rights in the Inter-American System (Updated to May 1999), OEA/Ser.L/V/II.97 Doc. 31 rev. 5. 7 Complaint submitted by the petitioners on October 8, 1997. 8 Note EE 0485 of the General Directorate for Special Matters, Ministry of Foreign Affairs, Republic of Colombia, March 5, 2001. 9 Id. 10 Alonso de Jesús Baquero Agudelo and Julián Jaimes were convicted on charges of conspiracy to commit criminal acts, kidnapping, homicide, attempted homicide, possession of arms for the exclusive use of the military and police forces and possession of uniforms for official use, and burglary. Héctor Rivera Jaimes and Ricardo Ríos Avendaño were convicted and sentenced to the maximum of 14 years and eight months imprisonment for the crime of conspiracy to commit criminal acts. 4