45. It alleged that the investigations revealed that there had been many complaints against Benito Barrios for alleged crimes against individuals, property, and public order, including robbery with knives and weapons similar to the one seized on the date of the facts. It added that Benito Barrios had a criminal and police record and that many people in the Guanayen community had called upon the authorities to intervene to stop the criminal activity of Benito Barrios.41 46. It indicated that the investigation into the death of the alleged victim was started under the Criminal Trial Code of 1962, which regulated a mixed penal code with heavy emphasis on the investigative system, in which the judges were in charge of the investigation. It added that as a result of the entry into force of the COPP in 1999,42 the case was taken by the prosecutors of the Public Prosecutor’s Office to the transitional court system of Aragua State,43 which on April 17, 2007, decided to accuse four State officials44 of first-degree murder as accessories to homicide before the fact, and that the Ninth Chamber of the First Instance, acting as the Criminal Circuit Court of the State of Aragua, is seized of the case.45 47. Concerning the alleged deprivation of liberty, wounding, and improper use of firearms to the detriment of Oscar and Jorge Barrios, Luisa del Carmen Barrios de Ravelo, and Gustavo and Jesús Ravelo, the State indicated that the case is in the preliminary phase, and that interviews and inquiries have been conducted, and that the indictment of police officers Oswaldo Blanco, Félix Ramos, and Giselo Ramos was scheduled for June 20, 2006.46 48. Regarding the alleged illegitimate arrest and wounding of Jorge and Rigoberto Barrios on May 3 and 4, 2004, the State indicated that the case is in the investigation phase. It added that the case involving the death of Rigoberto Barrios was archived in May 2006, given that the results of the investigation did not justify an indictment.47 49. The State alleged the proceeding on Benito Barrios’ death has been complex, that there has been a great deal of procedural activity in the case, and that the competent entities have not stopped working on it. It argued that domestic remedies in the case have not been exhausted because higher courts have still not considered it. It therefore asked the Commission to find the petition not admissible.48 V. ANALYSIS OF ADMISSIBILITY A. Competence 1. The Commission’s ratione personae, ratione loci, ratione temporis andratione materiae competence 50. The petitioners are eligible under Article 44 of the Convention to submit petitions on behalf of the alleged victims. The Venezuelan State ratified the American Convention on August 9, 41 Note IAGEV/000763 of the Ministry of Foreign Affairs of the Bolivarian Republic of Venezuela, received on June 20, 2006 p. 10. 42 The Organic Penal Procedure Code was published in the Official Gazette on January 23, 1998, and entered into force on July 1, 1999. Note IAGEV/000999 of the Ministry of Popular Power for Foreign Affairs of the Bolivarian Government of Venezuela, received on September 5, 2007, p. 11. 43 Note IAGEV/000763 of the Ministry of Foreign Affairs of the Bolivarian Republic of Venezuela, received on June 20, 2006 p. 11. 44 Alexis José Amador Mujica, Amílcar José Henríquez Cerdeño, Carlos Alberto Sandoval Valor, Rizzon Vicente Superlano Rojas. Note IAGEV/000999 of the Ministry of Popular Power for Foreign Affairs of the Bolivarian Government of Venezuela, received on September 5, 2007, p. 9. 45 Note IAGEV/000999 of the Ministry of Popular Power for Foreign Affairs of the Bolivarian Government of Venezuela, received on September 5, 2007, p.9. 46 Note IAGEV/000763 of the Ministry of Foreign Affairs of the Bolivarian Republic of Venezuela, received on June 20, 2006 pp. 2 and 3. 47 Decision to archive the case of citizen Rigoberto Barrios, annex to Note IAGEV/000763 of the Ministry of Foreign Affairs of the Bolivarian Republic of Venezuela, received on June 20, 2006 p. 4. 48 Note IAGEV/000999 of the Ministry of Popular Power for Foreign Affairs of the Bolivarian Government of Venezuela, received on September 5, 2007, p.13. 9