41.
The Commission notes that more than five years have passed since
the events in this case occurred, and yet the proceedings have still not
produced a definitive resolution of the matter. The petitioners allege that the
criminal case has been at a standstill since August 25, 2004, therefore, more
than four years, due to the absence of the accused. The Commission observes
that the State’s only response is to argue that the internal remedies have not
been exhausted; however, it provides no information on any measures
currently underway or any indication of the other procedural options that the
petitioners have available to them.
42.
The Commission observes that on the question of the reasonableness
of the time that a case takes, the Inter-American Court has established that
the right to access to justice is not served merely by conducting domestic
proceedings; for victims and their next of kin the right to justice also means
that within a reasonable period, every measure necessary will be taken to
establish the truth of what happened and to punish those responsible. 29
43.
The Commission is of the view that the admissibility of the present
case cannot be conditional upon the exhaustion of judicial proceedings that
have been suspended since August 25, 2004, and that given the period of
time that has passed since the facts that prompted the complaint occurred,
the Commission considers that the exception provided for in Article 46(2)(c)
of the American Convention applies, which is the exception allowed in the case
of an unwarranted delay in rendering a final judgment. The rule requiring
exhaustion of domestic remedies does not, therefore, apply.
44.
Finally, the Commission observes that the exceptions to the rule
requiring exhaustion of domestic remedies, provided for in Article 46(2) of the
Convention, are closely linked to the determination of possible violations of
certain Convention-protected rights, such as judicial guarantees. However,
I/A Court H.R., Case of the Ituango Massacre. Judgment of July 1, 2006. Series C
No. 148, para. 289; Case of the Pueblo Bello Massacre, Judgment of January 31,
2006. Series C No. 140, para. 171; Case of the “Mapiripán Massacre”. Judgment of
September 15, 2005. Series C No. 134, para. 216; Case of the Serrano Cruz Sisters.
Judgment of March 1, 2005. Series C No. 120, para. 66, and Case of the 19
Merchants. Judgment of July 5, 2004. Series C No. 109, para. 188.
29
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