40.
The Inter-American Court of Human Rights has also observed
that in accordance with generally recognized principles of international
law, domestic remedies must be adequate, that is, they are suitable to
address an infringement of a violated legal right, and must be effective,
that is, capable of producing the result for which they were designed. 36
41.
In the instant case, the petitioner alleges delay in rendering
justice, since to date no final judgment has been rendered in the
criminal proceedings that were instituted with her criminal complaint of
November 21, 2001, and she claims that the State authorities
committed a series of irregularities in the criminal proceedings that have
prevented clarification of the facts and determination of criminal
responsibility.
42.
For its part, the State claims that domestic remedies have not
been exhausted and that the delay in the proceedings stems from
multiple steps taken by both parties. It indicates that the criminal
proceedings were conducted in accordance with the law and that the
judicial authorities acted lawfully.
43.
The Commission notes that the documents submitted by the
petitioner and the State establish that the petitioner has sought all
remedies available to her under domestic law to further the criminal
proceedings. In that regard, the domestic criminal legislation in force at
the time the facts occurred established that it is incumbent upon the
Office of the Prosecutor General of the Republic to bring criminal
charges for the crime of rape when the victim is under age 16, without
prejudice to any complaint that may have been filed or charges brought
by the injured party or her representatives.37 The Commission has
repeatedly held that when a crime is committed which is publically
prosecutable, the State is under the obligation to set the criminal law
system into motion and to process the matter until the end. 38 Both the
of Loayza Tamayo, Preliminary Objections. Judgment of January 31, 1996, Series C
No. 25, para. 40; I-A Court H.R., Exceptions to the Exhaustion of Domestic Remedies
(Arts. 46(1), 46(2)(a) and 46(2)(b) American Convention on Human Rights). Advisory
Opinion OC-11/90 of August 10, 1990. Series A No. 11.
36 I-A Court H.R., Case of Velásquez Rodríguez. Judgment of July 29, 1988. Series C
No. 4, paras. 64-66.
37 Article 205, Law No.150, Amendments to the Code of Criminal Procedure of the
Republic of Nicaragua (L.G., September 9, 1992).
38 See, for example, IACHR, Report Nº 94/06, Petition 540-04, Admissibility, Inés
Fernández Ortega et al., Mexico, October 21, 2006, para. 23; IACHR, Report Nº 93/06,
Petition 972-03, Admissibility, Valentina Rosendo Cantú et al., Mexico, October 21,
2006, para. 27; IACHR, Report Nº 52/97, Case11.218, Arges Sequeira Mangas,
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