B. Admissibility Requirements 1. Exhaustion of domestic remedies 16. Article 46(1)(a) of the American Convention requires the prior exhaustion of remedies available in the domestic jurisdiction in keeping with generally recognized principles of international law, as a requirement for admitting claims alleging violation of the American Convention. The purpose of this requirement is to enable the national authorities to take cognizance of the alleged violation of a protected right and, if appropriate, to resolve it before it is taken up by an international body. 17. Article 46(2) of the Convention provides that the requirement to exhaust domestic remedies is not applicable when (i) the domestic legislation of the state in question does not have due process of law for protecting the right or rights allegedly violated; (ii) the persons whose rights were allegedly violated have not been allowed access to domestic remedies, or have been kept from exhausting them; or (iii) there is an unwarranted delay in the decision on such remedies. 18. The petitioner alleges that the authorities have not answered his request for judicial assistance. The State indicates that one of the alleged perpetrators of the facts is being actively sought by the police. 19. As appears from the record of this case, on February 27, 2007, the petitioner sent a communication to the Prime Minister, the Minister of Justice, and the Secretary of State for Public Security indicating that on February 7, 2007, he had been the victim of an attempted homicide, that on the same day his 16-year-old brother had been assassinated, and that both he and his family were in danger. 20. The Inter-American Commission has established that in cases such as the instant case, which involve crimes that must be investigated and prosecuted at the initiative of the authorities, “the State has the obligation to promote and give impetus to the criminal process, and that in such cases, this is the suitable way to clarify the facts, prosecute those responsible, and establish the appropriate criminal sanctions, as well as to pave the way for other forms of reparation of a financial nature.”1 21. In the petition under analysis, while there is no information on the filing of a judicial complaint by the petitioners, the authorities were informed of the occurrence of crimes prosecutable at the initiative of the State. The State indicates that the police initiated a search for one of the four alleged perpetrators. Moreover, even in the absence of specific information in this regard, the Commission considers it reasonable to understand that the alleged violent death of Frédo Guirant gave rise to an investigation at its own initiative. Nonetheless, seven years after the alleged facts, no judicial investigation has formally begun, nor is there any information on the outcome of the police search. Therefore, the IACHR decides to apply the exception to the exhaustion of domestic remedies provided for in Article 46(2)(c) of the American Convention with respect to the death of the minor Frédo Guirant and the alleged attempted homicide directed against Baptiste Willer on February 27, 2007. 22. In relation to the arguments regarding the health of Baptiste Willer, the Commission observes that there is not sufficient information that would allow to conclude that domestic remedies have been exhausted or that any of the exceptions provided for in Article 46(2) of the American Convention applies. 2. Timeliness of the petition 23. Article 46(1)(b) of the American Convention establishes that for a petition to be admissible by the Commission it must be presented within six months of the date on which the person alleged harmed was notified of the final decision. 1 para. 29. IACHR, Report No. 19/12, Petition 1127-05, Family of Sergio Arturo Canales Galvez, Honduras, March 20, 2012,

Select target paragraph3