19. Article 46(1)(a) of the Convention requires, for the admission of a petition, “that the remedies under domestic law have been pursued and exhausted in accordance with generally recognized principles of international law.” 20. In the instant case the State of Honduras, in timely fashion, filed a motion for inadmissibility on the grounds of the lack of exhaustion of domestic remedies, stating that the Honduran judiciary continues to process the case. The State asserted that, should the petitioners be dissatisfied with the judgment rendered, they could contest it using motions to appeal and to vacate, provided for by domestic legislation. 21. For their part, the petitioners argue that there has been unwarranted delay in the decision on domestic remedies and that these have been ineffective. For this reason, they should be exempted from exhausting them, pursuant to the exception provided for by Article 46(2)(c) of the Convention. 22. The Honduran state filed its objection related to the lack of exhaustion of domestic remedies starting from the first stages of the proceedings. However, the Commission notes that the right of the State to argue the inadmissibility of a petition due to the lack of exhaustion of domestic legal remedies cannot serve as a basis for stopping or indefinitely delaying international action on behalf of a defenseless victim. If in a certain case the processing of domestic remedies is unjustifiably delayed, it can be deduced that they have lost their capability to effectively bring about the result for which they were established. In consequence, it is appropriate to use international protection mechanisms, including the above-mentioned exceptions, which provide an exemption from the requirement that domestic remedies be exhausted. 23. The Commission considers that, as a general rule, a criminal investigation must be undertaken promptly to protect the interests of the victims and to preserve evidence. In this case, the Commission notes that the murder of Mr. Carlos Escaleras Mejía occurred on October 18, 1997. According to information received to date, more than seven years after the fact, there is no final judgment against all those charged in relation to this crime. The Commission believes that the time elapsed without effective investigation, trial and punishment of all those responsible, demonstrates unwarranted delay and scant possibilities for the effectiveness for this remedy. The state has not provided any justification for such a delay. 8