those proceedings unreasonably with the objective of avoiding the intervention of the interAmerican system. When there has not existed effective access to remedies and there has been a
delay in the application of justice, the requirement of previous exhaustion of domestic remedies
cannot prevent a case of alleged human rights violations from being heard by an international
forum such as the Commission.
45. Based on the foregoing arguments, the Commission concludes that the requirement of
exhaustion of domestic remedies does not apply in the present case. The petitioners have
demonstrated that effective access to domestic remedies was denied and that an unwarranted
delay in the application of justice has resulted considering the time which has lapsed since the
commission of the crime. Therefore, applying the exceptions to the requirement of exhaustion of
domestic remedies established in Article 46(2)(b) and (c) of the Convention, the Commission
declares the present case admissible.
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
DECIDES:
1. To declare admissible, in accordance with Articles 46, 47 and 48 of the Convention, the petition
presented in the present case number 10.636.
2. To send this report on admissibility to the Government of Guatemala and to the petitioners.
3. To publish this report in the Annual Report of the Commission.
4. To continue with the consideration of the merits of the case.
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