obtain protection for his rights in an effective, timely, and adequate manner, thus they argue the exception to the rule of prior exhaustion of domestic remedies established at Article 46(2)(a) of the American Convention. In terms of the time for submitting the petition, the petitioners argue that a tutela action does not exhaust domestic remedies, for in the domestic legal order there is no due process of law that guarantees the protection of Ángel Alberto Duque’s rights. 17. In summary, the petitioner alleges that the State is responsible for violating the rights to life, humane treatment, judicial guarantees, equality before the law, and judicial protection, protected at Articles 4, 5, 8, 24, and 25 of the American Convention, in conjunction with Article 1(1) of that treaty. B. The State’s position 18. The State alleges that throughout the process the violations that the petitioners argue had already been consolidated have not been shown. In this respect, it notes that in the processing of the tutela actions and the judgments in the first and second instance one finds the complainants’ assert that Ángel Alberto Duque is receiving anti-retroviral treatment. It also notes that from appellate tutela judgment of July 18, 2002 until the filing of the petition with the Inter-American Commission in 2005 and even during the processing of the petition before the Commission, there is no record from which one can conclude that the alleged victim did not have access to the treatments and medicines necessary in view of his illness. 19. It argues that the possibility that Ángel Alberto Duque cannot gain access to the medical treatment he needs is a hypothesis that has not materialized. Accordingly, it asks that the Commission reject the petitioners’ arguments on the right to health of Ángel Alberto Duque considering that it is a possible harm that has not materialized. 20. The State adds that according to the law in force and the case-law of the Constitutional Court, an HIV/AIDS patient who is affiliated to a Health Provider Enterprise (EPS), but who has yet to pay in more than the 10 weeks required by law for such treatments may be provided care if he or she pays the percentage corresponding to the weeks that he or she has yet to pay. Nonetheless, if the patient does not have economic resources and requires treatment urgently, the EPS must assume the cost of the treatments, and subsequently seek recovery from the subaccount of the Solidarity and Guarantee Fund of the System of Social Security in Health. In addition, it indicates that in the event that the patient, at the time of the diagnosis, is not affiliated with an EPS, and does not have resources, he or she should register with an administrator entity of the subsidized regime. 21. The State indicates that the petition should be found inadmissible considering that domestic remedies have not been exhausted, specifically the tutela action for claiming the survivor's pension and the eventual retroactive application of Judgment C-336 of 2008. It alleges that the pronouncements by the Constitutional Court on the rights of same-sex couples constitute “supervening information or evidence,” and consequently the assessment of the admissibility of the case should consider all the information and evidence presented at the proceeding. 22. As for the exhaustion of domestic remedies, the State indicates that it was informed by Colfondos that as of October 22, 2009, Ángel Alberto Duque had not formally lodged his pension claim, since in his communication of March 19, 2002, he asked “please give me information to find out what I must do or what requirements I must meet to request the pension of Mr. [JOJG].” In view of the foregoing, the State argues that from the judgments of first and second instance in the tutela action, it appears that the response by Colfondos to the request of the alleged victim only addressed the legislation applicable at the time with respect to who could be beneficiaries of the survivor’s pension, and does not mean that it had received a formal request claiming the survivor’s pension. It argues that mindful that to date Colfondos 4