17 rights of those persecuted by the authorities. In such cases, given the interplay between the problem of domestic remedies and the very violation of human rights, the question of their prior exhaustion must be taken up with the merits of the case. 97. The Commission has asserted, moreover, that the pursuit of domestic remedies was unsuccessful and that, during the period in which the events occurred, the three exceptions to the rule of prior exhaustion set forth in the Convention were applicable. The Government contends, on the other hand, that the domestic judicial system offers better alternatives. That difference inevitably leads to the issue of the effectiveness of the domestic remedies and judicial system taken as a whole, as mechanisms to guarantee the respect of human rights. If the Court, then, were to sustain the Government's objection and declare that effective judicial remedies are available, it would be prejudging the merits without having heard the evidence and arguments of the Commission or those of the Government. If, on the other hand, the Court were to declare that all effective domestic remedies had been exhausted or did not exist, it would be prejudging the merits in a manner detrimental to the State. 98. The issues relating to the exhaustion and effectiveness of the domestic remedies applicable to the instant case must, therefore, be resolved together with the merits. 99. Article 45 (1) (1) of the Rules of Procedure of the Court states that "(t)he judgment shall contain: (1) a decision, if any, in regard to costs." The Court reserves its decision on this matter, in order to take it up together with the merits. NOW, THEREFORE, THE COURT: unanimously, 1. Rejects the preliminary objections interposed by the Government of Honduras, except for the issues relating to the exhaustion of the domestic legal remedies, which are herewith ordered joined to the merits of the case. unanimously, 2. Decides to proceed with the consideration of the instant case. unanimously, 3. Postpones its decision on the costs until such time as it renders judgment on the merits. Done in Spanish and English, the Spanish text being authentic, at the seat of the Court in San José, Costa Rica, this 26th day of June, 1987. Thomas Buergenthal President