25 d) while it is true that a long time has passed since the start of the domestic proceeding, this has been due to the “certain and unobjectionable” fact that the accused in said proceeding, Ángel Belisario Hernández González, has been at large from law enforcement, despite the fact that “as one can logically assume, several persons may have intervened in Sánchez’s crime.” This fact has not been dependent on the State, but rather on circumstances beyond the control of the courts in Honduras. There is no indication in the case file before the Second Departmental Court of First Instance of Intibucá or in the file before the Inter-American Court, that the long duration of the proceeding has been the responsibility of the State; e) there are within the domestic system “the various domestic remedies set forth in the [Criminal Procedural Code, i.e.] reconsideration and appeal, including if appropriate the extraordinary cassation remedy for dismissal; there are also other remedies available regarding amparo guarantees, constitutional motions, and application for review.” Pursuant to said Code, the aggrieved party can also resort to civil action and criminal action, as in the Honduran State “[p]ublic [c]riminal action is not the monopoly of the Public Prosecutor’s Office,” and therefore the aggrieved party can appear in the criminal trial being heard by the Second Departmental Court of First Instance of Intibucá and intervene in the course of the proceeding. The next of kin of the alleged victim have had the opportunity to appear in the domestic proceeding, which is still open, yet they have not done so. At no time have they been denied access to any level of jurisdiction; f) Ángel Belisario Hernández González was captured as the alleged perpetrator of the murder of Juan Humberto Sánchez, and while the former studied at a Honduran university, said studies were through distance education, which means that there has been no direct attendance or presence at the school where Ángel Belisario Hernández González supposedly studies; and g) that Ángel Belisario Hernández González is being tried for the same facts that are being debated before the Inter-American Court, which means that there are two parallel proceedings, one domestic and the other international. The testimony of the accused may provide new elements in the investigation which it is necessary to address so as to clarify the facts and punish those responsible, and only then can it be said that the evidentiary proceedings have been completed. Pleadings of the Commission 62. With respect to the preliminary objection raised by the State, the InterAmerican Commission asked the Court to reject each of its arguments for the following reasons: a) the purpose of the rule regarding domestic remedies is to offer the State an opportunity to remedy the alleged violation before the interAmerican system decides on the merits of the case; and in this case, “the reinforcing and complementary nature of the inter-American system [...] is in effect because the domestic jurisdiction has not been capable of remedying

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