which remedies they are to exhaust.15 According to Inter-American Court of Human Rights case law, it is incumbent upon a State that argues nonexhaustion of domestic remedies to identify which domestic remedies are to be used and why. The IACHR thus considers that Article 46(2)(a) of the American Convention is applicable here. 34. In the instant case, petitioners sought to claim the judicial remedy contemplated in Guatemalan law for the protection of rights that were allegedly violated by bringing the case before the Constitutional Court which, in their judgment, is the competent judicial authority to consider the appeal for legal protection (amparo). The State has not argued that such a measure failed to constitute an adequate remedy under the terms of the Convention. 35. Consequently, without prejudging the merits of the case, the Commission considers that the requirements established under Articles 47(b) and (c) of the Convention have been met. 2. Period for Lodging a Petition 36. Article 46(1)(b) of the Convention establishes that a petition must be lodged within a period of six months from the date on which the party alleging violation of his rights was notified of the final judgment. The present petition was lodged on August 26, 2003, within six months following the judgment of the Constitutional Court rendered on January 29, 2003, which overruled the appeal for legal protection (amparo) lodged by the petitioners to protect the rights to life and to health of persons infected with HIV/AIDS. 3. Duplication of Procedures and Res Judicata 37. The requirements of Articles 46(1)(c) and 47(d) of the Convention can be deemed satisfied, since the file shows that the subject of the petition is not pending in another international proceeding or settlement, nor does it duplicate a petition already considered by this or any other international body. 4. Description of the Facts Alleged 38. The petitioners maintain that the State is not fulfilling its responsibility to respect and to adequately protect the rights to life, physical integrity, and health of the 49 individuals identified as 15 I/A Court H.R., Velásquez Rodríguez Case. Preliminary Exceptions. Judgment rendered June 26, 1987. Series C No. 1, para. 88. 12