authority.9 In general, this proceeding does not constitute an adequate mechanism, on its
own, for making reparation in cases of human rights violations, thus it need not be exhausted
in a case such as this, when there is another means for securing both reparation for the
damages and the prosecution and punishment required.10
30. As regards the exception to the requirement of prior exhaustion of domestic remedies,
invoked by the petitioners, Article 46(2) of the Convention provides that this requirement is
not applicable when:
a. the domestic legislation of the state concerned does not afford due process of law for
the protection of the right or rights that have allegedly been violated;
b. the party alleging violation of his rights has been denied access to the remedies under
domestic law or has been prevented from exhausting them; or
c. there has been unwarranted delay in rendering a final judgment under the
aforementioned remedies.
31. As already indicated, and as arises from the information provided by both parties, five
years after the assassination of Jesús María Valle, the investigation into the case has not
concluded, nor have the arrest warrants been executed, this being a manifestation of delay. As
a general rule, a criminal investigation should be carried out promptly in order to protect the
interests of the victims, to preserve the evidence and even to safeguard the rights of all
persons who, in the context of an investigation, may be considered suspect. As the InterAmerican Court has indicated, while all criminal investigations should meet a series of legal
requirements, the rule of prior exhaustion of domestic remedies should not lead international
action on behalf of the victims to come to a halt or to be delayed to the point of being
useless.11
32. Reference should also be made to the allegation that the State is carrying out its
obligation, under the Convention, to seriously investigate the assassination within a reasonable
period of time. In this sense, it should be noted that the judicial conviction of three civilians for
the assassination, including the leader of the AUC, Carlos Castaño, is a significant element in
considering the operation of the domestic mechanisms in this matter. Nonetheless, beyond
their formal significance, the Commission must consider the extent to which these convictions
constitute an effective remedy. In this regard, the IACHR notes that those convicted in
absentia have not been detained, that the State has not presented any specific information on
the efforts made in this regard, and that from the context, which is publicly known, it appears
that there is little prospect of giving substantive content to those convictions and thereby
offering an effective remedy.12
33. In addition, one must consider the context in which the investigation has been undertaken,
which, one would presume, affects its effectiveness as a remedy for the judicial clarification of
the facts. The threats against the prosecutors in charge of the investigation, which drove them
into exile, show that the prospects for an effective judicial investigation are far from those of a
remedy that necessarily must be exhausted prior to recurring to international protection for
human rights.
34. Therefore, given the characteristics and the context of the instant case, the Commission
considers that the exception at Article 46(2)(c) of the American Convention applies in this
case, as do certain considerations with respect to the prospects for the remedies available to
be effective; accordingly, the requirements of prior exhaustion of domestic remedies and the
six-month time for submitting the petition are not applicable.
9
Report No. 15/95, Annual Report of the IACHR 1995, para. 71; Report No. 61/99, Annual Report of the IACHR 1999,
para. 51.
10
Report No. 5/98, Case 11.019, Alvaro Moreno Moreno, Annual Report of the IACHR 1997, para. 63.
11
12
I/A Court H.R., Velásquez Rodríguez Case, Preliminary Objections, Judgment of June 26, 1987, para. 93.
See also Report No. 55/97, para. 392. Report 57/00 La Granja, Ituango, Annual Report of the IACHR 2000, para.
40.
6