13 Proceeding 169-2006: On April 7, 2006 a complaint was filed with the District Office of the Office of the Prosecutor of Rabinal, Baja Verapaz, identified in the Public Prosecutor’s Office as Case 248/2006/169, regarding the death of the child Antonio Chen Mendoza, an alleged victim in this petition. No information has been received concerning investigative steps taken. Complaint before the Auxiliary Departmental Office of the Human Rights Ombudsman: On June 20, 1995 a claim was made before the Auxiliary Departmental Office of the Human Rights Ombudsman regarding the forced disappearances of María Concepción Chen Sic and Marcelo Sic Chen. 50. The case-law of the Commission establishes that when a crime is committed that can be prosecuted at the initiative of the prosecutorial authorities, the State is obligated to bring and pursue criminal proceedings and that in such cases this is the best way to clarify the facts, prosecute the persons responsible, and establish the corresponding criminal sanctions, in addition to making it possible to 28 establish other forms of monetary reparation. 51. The events alleged in the petition are said to have occurred from August 1981, to August 29 1986, and most of them were reported between March 1993 and July 2001. It is duly noted that the victims and/or their next-of-kin are the ones who have given impetus to the investigations by filing reports, complaints, and requests for carrying out various investigative steps. Additionally, it is observed that despite the multiple remedies pursued by the victims and/or their next-of-kin, the Guatemalan judicial system has not taken the measures needed to clarify the facts alleged, determine the whereabouts of those presumably missing, or identify and punish those responsible, notwithstanding the time that has elapsed since the respective complaints were filed. In view of the foregoing, the IACHR is of the view that the exception provided for at Article 46(2)(c) of the Convention applies. 52. Regarding the archiving of Proceeding 811-95, in which numerous forced disappearances were alleged, the Inter-American Court has established that when forced disappearances are alleged, the duty to investigate subsists as long as there is uncertainty about the fate of the victim or 30 the location of the remains. Therefore, the exception provided for at Article 46(2)(b) of the Convention applies to this situation. 53. The same exception would apply to the other six alleged victims in this petition (Pedro de Paz Ciprian, Raymundo Alarcón, Casimiro Siana, Pedro Siana Us, Juana García de Paz, and Ciriaco Galiego López), considering the absence of information from the State regarding these events and bearing in mind the context in which these violations are alleged to have occurred. 54. Based on the aforementioned considerations and mindful of the characteristics of the multiplicity of facts alleged, the Commission concludes that the exceptions provided for at Article 46(2)(b) and (c) of the American Convention applies to this case. 55. Finally, invoking the exceptions to the rule requiring exhaustion of domestic remedies provided in Article 46(2) of the Convention is closely linked to the determination of possible violations of certain Convention-protected rights, such as the guarantees of access to justice. However, Article 46(2) of the Convention, by its nature and purpose, has a content that is independent of and separate from the substantive provisions of the Convention. Therefore, the determination as to whether the exceptions to the domestic remedies rule apply to the case in question must be made prior to and separate from the examination of the merits, since it hinges on a standard of assessment different from the one used to establish the violation of Articles 8 and 25 of the Convention. It should be clarified that the causes and effects that prevented exhaustion of domestic remedies will be examined in the report that the 28 IACHR, Report Nº 52/97, Merits, Case 11,218, Arges Sequeira Mangas, Nicaragua, February 18, 1998, paras. 96 and 97. See also Report No. 55/04 para. 25; Report No. 16/06, para. 35; and Report No. 32/06, para. 30. 29 With the exception of the claim related to the death of the child Antonio Chen Mendoza, of April 7, 2006. 30 I/A Court H.R., Case of Velásquez Rodríguez v. Honduras. Judgment of July 29, 1988. Series C No 4. Para. 181.