B. The State
31. The State contends that the instant petition should be
declared inadmissible because there is yet no final judgment in the
investigation regarding possible negligent homicide of the alleged
victim; the available domestic remedies in the Chilean legal system
cannot be reasonably considered to have been exhausted. It goes on to
say that the petition should also be declared inadmissible because it is
manifestly groundless.
32. In its response to the petition, the State maintains, with
respect to the lack of a reasonable exhaustion of domestic remedies,
that “the procedure followed by the Primer Juzgado de Letras de Puente
Alto [First Court of Puente Alto] is still in the investigation stage.” Thus,
the State emphasizes that the investigative process has not been
exhausted and that even less so can it be said that domestic remedies
have been exhausted; hence the petition is inadmissible. The State also
maintains that the petitioners have not provided evidence to prove that
they are in a condition of, or similar to, indigence.
33. Regarding the characterization of possible human rights
violations regarding the facts alleged in the petition, the State contends
that it has fully complied with the provisions of article 8 of the
Convention, since there has been “a complex investigation, before a
Court of the Republic with a specialized jurisdiction established by law,
and where the guarantees of impartiality and independence are fully
recognized and operational.”
34. The State explains that the guarantee of a reasonable time
period needs to be understood in the light of the circumstances of each
particular case, of the topic’s complexity, and the party’s and the court’s
actions. In this regard, considering that the investigation of a possible
negligent homicide resulting from negligent medical practice requires
that the judge be assisted by expert witnesses, and presents its own
difficulties with respect to the gathering of sufficient evidence, the
complexity of the case justifies an apparent delay in the administration
of justice.
35. In addition, it is the opinion of the State that in the instant
case the requirement of diligence on the part of the plaintiff is not
fulfilled, considering that more than nine months passed between the
death of the alleged victim and the lodging of the complaint. Moreover,
although the complaint was filed by a free legal service, the petitioners
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