case file within which the injunctive relief was requested and thus the court of first instance, which did have possession of the case file, should have ruled on the request. The private accuser filed an appeal for clarification against that resolution of the Court of Constitutionality, which was rejected on December 21, 1994 on the grounds that it lacked merit. Later, the Court of Appeals reversed its decision, ordering that the requested documents be provided by the Defense Ministry. 26. The Ministry of Defense has provided only a portion of the information it was ordered by the appellate court to produce, arguing that the relevant information is found in documents containing military and diplomatic information related to national security and that certain information was provided by private individuals under the guarantee of confidentiality provided for in Article 30 of the Guatemalan Constitution. The following documents, covering the period of the crime in 1990 forward, were not provided: the requested portion of the daily journal of activities of the EMP, general orders of the Army, the organizational chart of the EMP, the names of the various departments of the EMP and the persons which head them. These documents would likely have allowed the courts to try all of the persons suspected of involvement in Myrna Mack's death in one proceeding if they had been provided during the first criminal proceeding brought against Beteta. In the second proceeding, the documents would be used by the accusation team to prove that Noél Beteta Alvarez had received a medical release and worked as an employee of the EMP when he murdered Myrna Mack, that he acted under the orders of higher level officials of the EMP and that other employees of the EMP were involved in the murder in some manner. 27. Some of the information which was provided by the military consisted of documents which the military had alleged did not exist during the first proceeding. These documents were provided for the first time in the second proceeding and have now been presented as evidence calling into question the guilt of Beteta, even though Beteta has already been convicted and has no more available appeals. 28. At this time, the second criminal proceeding is in the investigative stage before a military tribunal. IV. OBSERVATIONS OF THE PARTIES ON THE ISSUE OF THE ADMISSIBILITY OF THE PETITION A. The position of the Government 29. The Government has argued that domestic remedies have not been exhausted. The Government, invoking Articles 46(1) and 47 of the American Convention on Human Rights (the "Convention"), has asked the Commission to declare the complaint inadmissible. B. The position of the petitioners 30. The petitioners have argued that they denounced to state judicial and human rights institutions on numerous occasions the irregularities committed in the investigation carried out by the Guatemalan police. They noted that they have complained of the negligence of the police which prevented the proper conservation of the evidence found at the scene of the crime, which evidence would have been crucial to the identification of all persons responsible for the murder of Myrna Mack and other circumstances surrounding the murder. 31. The petitioners also allege that they utilized all of the remedies provided for in Guatemalan law in an attempt to obtain the necessary evidence to process all the persons responsible for the murder of Myrna Mack, including information about the names and activities of the employees of the EMP. The petitioners point out that each of these requests for information was rejected by the judicial authorities and the Government without adequate legal justification. The petitioners additionally allege that only a portion of the information which was finally ordered to be produced 5