that it does not produce any or that its result is manifestly absurd or unreasonable14. 36. In this case, after the events occurred between September 3 and 4, 1995, the investigation into the murder of Wilfredo Quiñonez began at the 15th Criminal Military Office of the Prosecutor and on October 24, 2003 the Second Court of Brigades of the Second Division acknowledged the merits of the case and ordered the discontinuance of the legal proceedings in favor of the accused. That decision was appealed by the partie civile before the Second Office of the Prosecutor of the Higher Military Tribunal which, through an Order of May 21, 2004, revoked the discontinuance of the legal proceedings and initiated a trial against Captain Prieto Rivera and the soldiers Luis Enrique Pineda Matallana and Orlando Evelio Ceballos Arboleda. 37. On April 18, 2005 the partie civile requested positive conflict of venue to the Specialized Criminal Courts of the Circuit of Bucaramanga, so the case was transferred to the ordinary courts. On May 3, 2005, the Second Specialized Criminal Court of the Circuit resolved not to propose the positive conflict of venue. In response, the partie civile filed a factual protection remedy which was denied on October 12, 2005 by the Higher Tribunal of Santander and the case remained in the military criminal jurisdiction. 38. On December 1, 2005 the Second Court of Military Brigade issued a conviction verdict against Lieutenant Jairo Alberto Prieto Rivera and volunteer soldier, Luis Enrique Pineda Matallana, for the crimes of homicide and excess in the execution of a legitimate order, and cleared Orlando Evelio Ceballos Arboleda. On December 22, 2005 the partie civile appealed the conviction based on "serious error in assessing probative value" and for being an extrajudicial execution that should be clarified before the ordinary courts15. 39. On the requirement of exhaustion of domestic remedies provided for in Article 46.1 of the Convention, the State contends that the criminal proceedings being conducted in regards to the facts surrounding the death of Wilfredo Quiñónez is before the Higher Military Tribunal due to the appeal filed not only the partie civile but also by military personnel penalized in the first instance ruling, issued by the Second Court of Brigade. The State also notes that "the legal problem 14 I/A Court H.R., Velásquez Rodríguez Case. Judgment of July 29, 1988, paragraph 63. 15 Observations of the petitioners dated June 7, 2007. The parties have not provided any information on the result of this appeal.