30. In this context, the Commission reiterates that the rule of exhaustion of domestic remedies should not be understood to require mechanical attempts at formal procedures, and that if there is unwarranted delay in the proceedings under domestic remedies, it may be deduced that those remedies lack the possibility of producing the remedy or result for which they were designed. Accordingly, the right of the State to allege that a petition is not admissible due to non-exhaustion of remedies under domestic law cannot be grounds to halt or delay indefinitely an international action in support of the defenseless victim. Indeed, the lawmaker sought to prevent such a situation by establishing the exceptions to this rule contained in Article 46(2) of the Convention, the result of which is to remove the need to meet that requirement. 31. The Commission finds that, as a general rule, a criminal investigation should be carried out promptly to protect the interests of the victims and to preserve evidence, and that, in this case, the time elapsed without an effective investigation, prosecution, and punishment of all those responsible, constitutes unwarranted delay and is an indication of the scant probability of the effectiveness of this remedy, since: A remedy which proves illusory because of the general conditions prevailing in the country, or even in the particular circumstances of a given case, cannot be considered effective …… as when there is an unjustified delay in the decision. 16 32. The Commission considers it important to clarify that the exceptions to the rule of exhaustion of domestic remedies are closely associated with examination of the existence of possible violations of certain rights enshrined in the Convention, such as the right to a fair trial (Article 8) and the right to judicial protection (Article 25). However, Article 46(2), which establishes three exceptions to that general rule, by its nature and purpose, is a self-contained provision vis á vis the substantive provisions contained in the Convention and, therefore, depends on a different standard of appreciation to that used to establish whether or not there has been a violation of the substantive rights set down in Articles 8 and 25 of that international instrument. Therefore, the Commission resolves in this report the applicability of the aforesaid exceptions as a matter for a special decision rendered in advance. The reasons why domestic remedies were not exhausted and the legal effect of their non-exhaustion will be examined when the Commission studies the merits of the case in order to determine whether or not Articles 8 and 25 have been violated. 17 33. In light of the foregoing, the Commission finds that the domestic remedies have been ineffective, which has led to denial and unwarranted delay of justice. Consequently the Commission concludes that the petition sub judice is admissible by reason of the exceptions provided at Article 42(2)(a) and (c) of the American Convention and exempts the petitioners from exhaustion of the remedies under domestic law. b. Timeliness of the petition 34. Since the instant petition is covered by the exceptions provided in Article 46(2)(c) of the Convention, the IACHR concludes that the requirements contained in Article 46(1)(b) of same are not applicable. c. Duplication of proceedings and res judicata 35. The record in the instant case contains no information whatever that might lead to the conclusion that this matter might be pending in another international proceeding for settlement, or that it has been previously decided by the Inter-American Commission. Accordingly, the IACHR concludes that the exceptions provided in Article 46(1)(d) and in Article 47(d) of the American Convention do not apply. 16 Inter-Am. Ct. H.R., Judicial Guarantees in States of Emergency, Advisory Opinion OC-9/87 of October 6, 1987, (Ser. A) No. 9 (1987) para. 24. 17 See IACHR, Report 54/01, Case 12.250, Massacre of Mapiripán, Colombia, para. 38; and IACHR, Juan Humberto Sánchez- Honduras, Report 65/01, Case 11.073, March 6, 2001, para. 51. 6