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

Seleccionar párrafo de destino3