circumstances, have made use, inter alia, of the free legal services of
the Bolivarian University and of the Human Rights Office of the Legal Aid
Corporation, the latter a public service offered by the Chilean State. In
this respect, the petitioners’ economic circumstances have not
prevented them from obtaining access to legal remedies and therefore
they are not exempt from the obligation of exhausting them.
49. Regarding the second reason that would prevent them from
exhausting domestic remedies, i.e., the alleged unjustified delay in the
investigations, it is the opinion of the Commission that, pursuant to
article 31(3) of its Rules of Procedure, the State has the burden of
proving that certain domestic remedies continue to offer an effective
reparation for the alleged harm.
50. In this respect, the State has contended that the
investigation is not over, that there is no final judgment, and that the
proceedings are following their course and await new and better facts.
The State has said that the apparent delay in the investigation is
justified by the complexity of the matter, since expert witnesses are
needed and there are difficulties in obtaining sufficient evidence. The
State also affirms that several months went by between the death of the
alleged victim and the filing of the criminal complaint by the petitioners.
It also affirms that the petitioners have not acted to appropriately move
the process forward, to the degree that on certain occasions several
months have gone by without any action on their part in the
proceedings.
51. However, the State has not provided the Commission with
specific information as to what concrete steps, if they exist, the
petitioners must take in order to exhaust domestic remedies. The State
has not provided, either, information explaining the delay in the
resolution of the case, which continues to be in the stage of preliminary
investigation. In any event, the State has not refuted the petitioners’
arguments that several of procedures they requested were not ordered
to be carried out by the court and that among those that were ordered
not all have been carried out, despite the fact that more than seven
years have elapsed since the complaint was filed.
52. The Commission notes that once the petitioners filed a
criminal complaint stating the facts of the case, and requested a series
of investigative procedures, the matter was in the hands of the judicial
system and it is its responsibility to ensure due investigation of the
complaint. The Commission also notes that the facts alleged took place
in a public hospital, and the relevant information is held by the State,
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