initiative, represents a violation of Articles 8 and 25 of the American Convention as they relate to Article 1.1 thereof. In addition, they state that the threats and intimidation against relatives following the murder of Mr. Gudiel, forced them to leave their homes in Santa Lucía Cotzumalguapa nine days after he was killed and so far they have not come back to live in the area because they are afraid. They state that the threats were not reported to the authorities for the same reason. 20. Regarding the exhaustion of domestic remedies, they assert that several years have passed since Mr. Gudiel was murdered and the case is still in the investigation phase. Despite the family’s efforts, the petitioners indicate that the State has not taken measures to investigate and determine the responsibility of the perpetrators. For this reason they maintain that the rule on prior exhaustion of domestic remedies is not applicable pursuant to Article 46.2 of the American Convention. B. The State 21. The State indicates that the investigative process is currently with the Prosecutor’s Office of Crimes against Human Rights Activists of the Human Rights Section under case file No. 162005. It asserts that various investigative procedures have been carried out within the criminal process. 22. In this regard, the State indicates that the body was removed; a medical autopsy report was produced; an expanded autopsy was performed; Makrina Gudiel declared before the authorities; a sketch was done of the scene of the crime; there was a report from the Scientific Technical Department (ballistics section) that examined the shells at the scene of the crime; witness statements were taken from the National Police security agents who arrived at the scene of the crime; and there were two reports from the Criminalistics Investigations Directorate. The first report says that given limited cooperation from those interviewed it was not possible to identify those responsible for the crime and the second report covers interviews of people who were working nearby on the date that the events occurred. 23. Among other procedures, the State indicates that surveillance photos were taken of alleged suspects who lived near the house of one of Mr. Gudiel’s daughters; interviews were conducted of witnesses uncovered by the investigation; four properties were searched to locate firearms that could be compared with the evidence found at the scene of the crime, with negative results. 24. Various individuals and family members were also interviewed who stated that they suspected that two individuals were the potential masterminds. However, the investigation conducted to date has not been able to establish a legal basis for proceeding against them. The State indicates that it has not been possible to individually identify those responsible for the crime because there is no eyewitness testimony and they suspect that Mr. Gudiel was killed by a group of criminals operating in the area who have not been individually identified. The State also indicates that there have been continuous meetings with Mr. Gudiel’s family to inform them of the course of the investigation. The State indicates that the Prosecutor’s Office is interested in carrying out other procedures to clarify the facts and that could yield positive results within the investigation. 25. The State says there is a report of threats submitted by Mrs. Makrina Gudiel, which is also known to the Crimes against Human Rights Activists Unit. The report indicates that persons who were driving in a vehicle sprayed the vehicle being driven by Mrs. Gudiel with a liquid. The Criminalistics Investigations Department is responsible for investing this report. 26. Regarding the petitioners’ assertions that the State does not have institutionalized mechanisms for human rights defenders, the State indicates that it has protection mechanisms and these have been made available to Mrs. Gudiel. The State respects the Makrina Gudiel’s decision not to accept the proposal made to her by the COPREDEH regarding personal protection and is at her disposal to provide that protection whenever she decides she wants it. 4