exhaustion of domestic remedies has been met with regard to the object of the complaint pertaining to the alleged lack of medical care provided to Mrs. Chinchilla Sandoval at the Women Orientation Center. ·Investigation of the circumstances of the death 37.With regard to the circumstances of the death of Mrs. Chinchilla Sandoval, the petitioners allege that the domestic remedies were exhausted when the criminal investigation that had been initiated for that purpose was closed. The petitioners allege that the State did not adhere to the principle of participation, that is, the obligation to guarantee the participation of the victim, which requires that the State notify the alleged victim that anex officio investigation is being conducted which the victim may join, and, the petitioners say, that was the reason they had not appealed the decision to end the investigation. With regard to civil reparation, the petitioners claim that an exception to the requirement of prior exhaustion should apply, given the inefficiency of those remedies because the processes to pursue those remedies go on indefinitely, and, therefore, they request that the provisions of Articles 46(2).(b) and 46(2).(c) of the Convention be applied. 38.For its part, the State alleges that the petitioners did not attempt to exhaust the domestic remedies in both civil and criminal courts, and, therefore, the petition should be declared inadmissible due to the failure to exhaust the domestic remedies as established in Article 46(1) of the American Convention. 6 In that regard, the State specifically argues that there is a procedure to claim compensation for loss and damages that has not been pursued, and that, during the investigation, the relatives or representatives of the alleged victim did not filed objections or requested the sponsorship of the Prosecutors Office, and that, had they joined in as joint plaintiffs they could have petitioned the judge to continue with the investigation because they considered that there was indeed a crime to be investigated. 39.The information contained in the case file reveals that on the day that Mrs. María Inés Chinchilla Sandoval died, May 25, 2004, the Prosecutors Office proceeded with the removal of the body and transported it to the Department of Forensic Medicine for the autopsy to be performed; thus, initiating an investigation on its own. The autopsy concluded that the causes of death were pulmonary edema and hemorrhaging pancreatitis. 7 40.The Prosecutors Office requested the dismissal and closing of the complaint because it considered that “after studying and analyzing the investigative actions carried out and contained in the case file […] there is no compelling evidence or legal certainty that would justify initiating criminal prosecution, specially, taking into account that according to the autopsy report, the causes of María Inés Chinchilla Sandoval’s death were pulmonary edema and hemorrhaging pancreatitis, and therefore, the Ministry cannot proceed.” 8 6 It should be pointed out that Article 116 of the Code of Criminal Procedure of Guatemala provide that: Joint plaintiff: In criminal offenses, a victim who is legally competent or his representative or guardian in cases of legal incapacity may criminal prosecution in motion or may join in the prosecution initiated by the Public Ministry. That same right may be exercised by any citizen or association of citizens against public officials or employees who have directly engaged in human rights violations while performing their duties or taking advantage of that opportunity, or when it pertains to criminal offenses committed by public servants who abuse their positions. For its part, Article 404 of the aforementioned Code establishes: Appeals: Decisions issued by courts of the first instance may be appealed if they resolve: (…) 5) Authorize the Ministry to abstain from initiating prosecutions. Lawsuits against government entities and agencies may only be pursued through the Public Ministry. An exception is made for autonomous agencies with legal standing. 7 Autopsy nº 1499-2004, June 3, 2004. Forensic Medicine Service. 8 C-394-2005, Decision issued on January 18, 2005, by the Seventh Criminal Court of First Instance on Criminal Matters, Drug Trafficking and Environmental Crimes of the Department of Guatemala. 8