its independence, autonomy and impartiality." 7 Even once the survivors felt able to seek judicial recourse, the record in the case demonstrates that the criminal investigation underway for over five years has yet to advance beyond the most initial stage, leading the Commission to conclude that remedies have been subject to undue delay. The State has invoked the pendency of judicial proceedings as the basis for its argument that domestic remedies have not been exhausted as required, without having addressed the deficiencies alleged by the petitioners. The formal existence of legal remedies is not, in and of itself, sufficient to show that they offer the available and effective relief required under the terms of Article 46(1)(a). 8Accordingly, the State has failed to discharge the burden of proof set forth in Article 37 of the Commission’s Regulations. 28. While the State has also invoked the work being carried out by the CEH as a means of clarifying past violations and establishing institutional responsibility, it has acknowledged that the functions of the latter in no way substitute for those of its judiciary. The mandate of the CEH specifically states that it shall not attribute responsibility to any individual, nor shall its report and recommendations have any judicial effect. 9 Given that the "remedies under domestic law" referred to in Article 46 of the Convention are judicial remedies effectuated in accordance with the principles of due process, 10 the vital work done by the CEH presents no bar to the admissibility of the present case before this Commission. 11 Timeliness 29. In its response of October 1, 1997, the State indicated that the present petition had been filed beyond the time limit specified in the Convention, as "recognized by the petitioner." The Commission has reviewed the record in detail with respect to the question of timeliness, and has encountered no such acknowledgment. In accordance with Article 46(1)(b) of the Convention, a petition must be presented in a timely manner to be admitted, namely, within six months from the date on which the complaining party was notified of the final judgment at the domestic level. The six months rule ensures legal certainty and stability once a decision has been taken. The rule does not apply when it has been impossible to exhaust internal remedies due to a lack of due process, denial of access to remedies, or unwarranted delay in issuing a final decision. In such a case, Article 38 of the Commission’s Regulations establishes that the deadline for presentation shall be "within a reasonable period of time, in the Commission’s judgment, as from the date on which the alleged violation of rights has occurred, considering the circumstances of each specific case." Nor does this rule apply where the allegations concern a continuing situation--where the rights of the victim are allegedly affected on an ongoing basis. 30. Given the absence of a final judgment in the present case, the findings set forth in the preceding section concerning domestic remedies, and the petitioners’ allegations that the case involves an ongoing denial of justice, the Commission is required to establish whether the petition was filed within a reasonable time under the specific circumstances. The massacre is alleged to have taken place in 1982. The petitioners maintain that the survivors were unable to 7 IACHR, Report on the Situation of Human Rights in Guatemala, OEA/Ser.L/V/II.61, Doc. 47 rev. 1, Oct. 5, 1983, at p. 132; see generally, Third Report on the Situation of Human Rights in Guatemala, OEA/Ser.L/V/II.66, Doc. 16, 3 Oct. 1985. 8 See IACtHR, Velásquez Rodríguez Case, Merits, Judgment of July 29, 1988, Ser. C No. 4, para 63; Godínez Cruz Case, Merits, Judgment of Jan. 20, 1989, Ser. C No. 5, para. 65; Fairén Garbi and Solís Corrales Case, Merits, Judgment of Mar. 15, 1989, Ser. C No. 6, para. 86. 9 Agreement on the Establishment of the Commission to Clarify Past Human Rights Violations and Acts of Violence that Have Caused the Guatemalan Population to Suffer, "Operation," para. III. 10 See IACtHR, Velásquez Rodríguez, Preliminary Exceptions, supra, para. 91; Velásquez Rodríguez, Merits, supra, para. 66; Godínez Cruz Case, Merits, supra, para. 69. 11 The Commission has affirmed that, notwithstanding the importance and value of the work of commissions designed to establish the truth about past human rights violations, their functions do not substitute for an adequate judicial process, and they do not replace the obligation of the State to investigate violations committed within its jurisdiction in order to identify those responsible, impose the appropriate sanctions, and provide reparation to the victim. See, e.g., IACHR, Report 1/99, Case 10.480, El Salvador, app’d for publication Jan. 27, 1999; Report 36/96, Case 10.843, Chile, published in, Annual Report of the IACHR 1996, OEA/Ser.L/V/II.95, Doc. 7 rev., Mar. 14, 1997, at p. 156, 175-76, paras. 74-77; Report 28/92, Cases 10.147 et al., Argentina, published in, Annual Report of the IACHR 1992-93, OEA/Ser.L/V/II.83, Doc. 14, corr. 1, March 12, 1993, at p. 41, 50-51; and Report on the Situation of Human Rights in El Salvador, OEA/Ser.L/V/II.85, Doc. 28 rev., Feb. 11, 1994, at p. 71. 6