7 reparations possible. 7 In addition, both the Commission and the Inter-American Court of Human Rights (hereinafter, “the Inter-American Court” or “the Court”) have established that “habeas corpus would be the normal means of finding a person presumably detained by the authorities, of ascertaining whether he is legally detained and, given the case, of obtaining his liberty.” 8 35. In addition, the IACHR has on previous occasions stated that during the civil war, El Salvador lacked an independent judiciary, and so complaints of human rights violations were notoriously ineffective, and that during the conflict, domestic judicial remedies – in particular, personal exhibition or habeas corpus filings – were not operational. 9 36. In the case at hand, the IACHR notes that more than 28 years later, none of these proceedings has been brought to a conclusion, nor have the alleged facts been adequately clarified. Regardless of the direct references to the disappearances of Patricia Emilie Cuellar Sandoval and of Julia Orbelina Pérez in the case file of criminal proceedings No. 392-82 – together with the existence of a habeas corpus remedy previously brought on behalf of the former – the record before the Commission does not indicate whether the State initiated or pursued the relevant judicial investigations to determine the truthfulness of the allegations and, if applicable, to identify and punish the persons responsible and to determine the whereabouts of the alleged victims. In addition, the alleged forced disappearances were again brought to the Salvadoran State’s attention with the lodging of a complaint with the office of the General Prosecutor on March 28, 2003. As of the date of this report, and with more than seven years having passed since then, the Commission has not be apprised of any progress with that investigation. 37. Consequently, given the characteristics of the case at hand, the Commission believes that the exception provided for in Article 46.2.c of the American Convention is applicable. Consequently, the requirement of exhausting domestic remedies can be waived. 38. With regard to the Salvadoran State’s arguments that the remedy for prompt decision was not filed, the IACHR notes that both the State and the petitioners have said that it is an extraordinary remedy. In accordance with the established jurisprudence of the inter-American system, as a general rule and with a few specific exceptions, the only resources that need be exhausted are those whose function within the domestic legal system is appropriate for providing protection to remedy an infringement of a given legal right and, in principle, those are ordinary rather than extraordinary remedies. 10 In addition, it has been established that the requirement of exhausting domestic remedies set out in Article 46 of the American Convention refers to those judicial remedies that are available, appropriate, and effective for resolving the alleged violation of human rights. In the case at hand, it can be seen that the remedy to which the State refers is not suitable for resolving the alleged breach of law and, as established above, it is the State’s obligation to pursue the criminal proceedings through which publicly actionable offenses are investigated. The IACHR therefore concludes that the remedy for prompt decision is not a resource that, in the case at hand, needed to be exhausted prior to bringing the case before this international venue. 7 IACHR, Report No. 4/10, Petition 664-98, Admissibility, Rigoberto Tenorio Roca and others, Peru, March 15, 2010, paragraph 38. 8 I/A Court H. R., Case of Velásquez Rodríguez v. Honduras, Judgment of July 29, 1988, Series C No. 4, paragraph 65. 9 IACHR, Report No. 10/08, Petition 733-03, Admissibility, Santos Ernesto Salinas, El Salvador, March 5, 2008, paragraph 24; IACHR, Report 66/08, Petition 1072-03, Admissibility, Manuel Antonio Bonilla Osorio and Ricardo Ayala Abarca, El Salvador, July 25, 2008, paragraph 42. 10 IACHR, Report No. 51/03, Petition 11.819, Admissibility, Christian Daniel Domínguez Domenichetti, Argentina, October 24, 2003, paragraph 45.