Article 46(2) of the Convention. Furthermore, the information available allows the Commission to see that the case is not particularly complex. At any rate, the delay in concluding the trial is not because evidence is being gathered to clarify the facts of the matter; rather, the long periods of inactivity in the file appear to be the result, inter alia, of the disqualification of several trial judges. 53. Finally, it is seen from the file that the petitioners in the instant case became victims during the domestic proceedings. They submitted briefs to solicit the gathering of evidence and they filed a formal criminal complaint. They pursued the procedures that were available to them to seek justice, despite the fact that conduct of the investigation and trial, as well as punishment of the guilty parties, is the responsibility of the State. 54. The Commission considers that the above elements are sufficient to conclude that, with regard to the alleged extrajudicial execution of Robert Ignacio Díaz Loreto, David Octavio Díaz Loreto, and Octavio Ignacio Díaz Álvarez, there has been unwarranted delay in the criminal trial. Consequently, the petitioners are exempt from the requirement for exhaustion of domestic remedies by virtue of Article 46(2)(c) of the American Convention. b. With regard to the alleged subsequent harassment of and threats against the family members of the three men 55. The petitioners indicated, and the State did not dispute, that several members of the Díaz Loreto family went before the authorities of the Public Ministry on May 2, 2003 and August 5, 2003 to lodge complaints over the alleged acts of harassment to which they had been subjected. To date no investigation of these allegations has been initiated. The State has also not presented any arguments to justify its lack of initiative in conducting such an investigation. 56. The Commission considers that since these are allegations of physical assault 13 as well as arbitrary and illegal arrests against members of the Díaz Loreto family by State agents, once the authorities in charge of prosecuting such crimes were made aware of the allegations, the State has an obligation to conduct a serious, diligent investigation in order to establish any possible criminal liability. 57. Consequently, and according to the information available, the Commission concludes that with regard to the allegations of threats, illegal and arbitrary arrests, physical assault, and other forms of harassment against members of the Díaz Loreto family, there has also been unwarranted delay in rendering judgment, as described in Article 46(2)(c) of the Convention. 58. The Commission reiterates that invoking exceptions to the rule on exhaustion of domestic remedies, as set forth in Article 46(2) of the Convention, is closely linked to a determination of potential violations of certain rights established therein, such as the guarantees on access to justice. However, Article 46(2) of the Convention, because of its nature and purpose, is a rule with autonomous content vis- 13 IACHR, Report Nº 96/06, Jesús Mohamad Capote, Andrés Trujillo et al v. Venezuela, Petition 4348-02, para. 66. Citing: I/A Court H.R., Ximenes Lopes Case. Judgment of July 4, 2006. Series C No. 149, para. 148; I/A Court H.R., Baldeón García Case. Judgment of April 6, 2006. Series C No. 147, paras. 92 and 93 11