Convention since August 9, 1977, on which date it deposited its instrument of ratification. Consequently, the Commission has jurisdiction ratione personae to examine the petition. 40. As well, the Commission has jurisdiction ratione loci to hear the petition, because it alleges violations of rights protected in the American Convention, committed within the jurisdiction of the Venezuelan state. The Commission has jurisdiction ratione temporis to examine the complaint, because the obligation to respect and guarantee the rights protected by the American Convention was already in force for the State at the time of the alleged events. 41. Finally, the Commission has jurisdiction ratione materiae to hear the case because the petition alleges violations of human rights protected by the American Convention. B. Other admissibility requirements 1. Exhaustion of of the petition domestic remedies and time allowed for presentation 42. Article 46.1.a of the American Convention provides that, for a petition submitted to the InterAmerican Commission in accordance with Article 44 of the Convention to be admitted, remedies under domestic law must have been pursued and exhausted in accordance with generally recognized principles of international law. The purpose of this requirement is to enable the national authorities to know of an alleged violation of a protected right and, where appropriate, to have the opportunity to solve it before the case is heard by an international body. 43. The requirement of prior exhaustion applies when adequate and effective remedies to deal with the alleged violation are in fact available in the national system. Accordingly, Article 46.2 specifies that the requirement shall not be applicable when the domestic legislation does not afford due process of law for the protection of the right in question; or if the alleged victim has been denied access to the remedies under domestic law; or if there has been unwarranted delay in rendering a final judgment under the aforementioned remedies. As stipulated in Article 31 of the Rules of Procedure of the Commission, when the petitioner invokes one of these exceptions, it shall be up to the State concerned to demonstrate that the remedies under domestic law have not been exhausted, unless that is clearly evident from the record. 44. The Venezuelan State submitted in good time the argument that domestic remedies had not been exhausted. According to the State’s arguments, the relatives of the deceased Igmar Alexander Landaeta did not file an appeal for annulment of the acquittal pronounced on November 10, 2003 by the Court of Appeals of the Judicial District of the State of Aragua, thereby permitting it to be a final judgment with the status of “res judicata.” For their part, the petitioners argued that the investigation and criminal proceedings regarding the death of Igmar Alexander were characterized by irregularities and a lack of due diligence in the gathering of evidence, which, in their view, were vital for throwing light on what happened. The petitioners listed the tests and checks that were not carried out. 45. To analyze compliance with the requirement to exhaust domestic remedies, the Commission must determine what was the appropriate remedy to exhaust under the circumstances, meaning the remedy best suited to resolving the legal infringement. In cases of alleged arbitrary denial of the right to life, the appropriate remedy is investigation and the criminal proceedings undertaken and pursued ex officio by the State in order to identify and punish those responsible. 46. As regulated under Venezuelan law, the purpose of the special appeal remedy mentioned by the State in its argument that domestic remedies were not exhausted is to challenge violations of the law by judges for failure to apply the law, applying it incorrectly, or for erroneous interpretation. Indeed, Article 460 of the Organic Code of Criminal Procedure establishes that: An appeal for annulment may be based on violation of the law, failure to apply the law, incorrect application, or erroneous interpretation. 6