24. In its most recent writ of February 2015, , the State indicated that there were no records in the Public Prosecutors' Office database in which Mr. Gómez appears as a complainant or injured party/victim in any judicial file. IV. ANALYSIS OF COMPETENCE AND ADMISSIBILITY A. Competence of the Commission ratione personae, ratione loci, ratione temporis and ratione materiae 25. The petitioners have standing under Article 44 of the American Convention to lodge petitions. In addition, Alejandro Yovany Gómez Virula and his family members were individuals under the jurisdiction of the State of Guatemala at the time of the facts adduced. Therefore, the Commission has ratione personae competence to examine the petition. The Commission is competent ratione loci to take cognizance of the petition, insofar as it alleges violations of the American Convention that are said to have taken place in the territory of a state party to that treaty. 26. Similarly, the IACHR has ratione materiae competence because the petition refers to alleged violations of the American Convention. The Commission is also competent ratione temporis to examine the claim as Guatemala has been a state party to the American Convention since May 25, 1978, when it deposited its instrument of ratification. Therefore, the obligation of the State to respect and ensure the rights recognized in the American Convention was in force at the time that the alleged facts are said to have occurred. B. Exhaustion of domestic remedies 27. Article 46(1)(a) of the American Convention provides that in order for a complaint submitted to the Inter-American Commission pursuant to Article 44 of the same instrument to be admissible, one must have pursued and exhausted domestic remedies in keeping with generally recognized principles of international law. This rule is designed to allow national authorities to examine alleged violations of protected rights and, as appropriate, to resolve them before they are taken up in an international proceeding. 28. The IACHR reiterates its view that analysis of the requirements set forth in Article 46.1.a of the American Convention should be conducted in light of the situation given at the time a pronouncement is made regarding the admissibility or inadmissibility of the petition.2 29. The Commission notes that both parties stated that the investigation into the disappearance and murder of Mr. Gómez began and was later archived for lack of evidence.3 As will be shown under Proven Facts, the documents are unclear as to whether the investigation was formally archived or not. Nevertheless, what is clear is that since 1996 no inquiries have been made and that in 2004 the Public Prosecutors' Office confirmed that that there were no records at all of an investigation under the alleged victim's name. 30. Under these circumstances, and bearing in mind that in violent death cases, the ideal remedy to be exhausted is criminal investigation, which must be initiated and promoted ex officio by the State, the Commission considers that the requirement that domestic remedies must be exhausted is satisfied in the instance case pursuant to Article 46.1.a of the American Convention. C. Timeliness of the petition 2 IACHR, Report N° 15/15, Petition 374-05: Members of the Trade Union of Workers of the National Federation of Coffee Growers of Colombia. Colombia. March 24, 2015, par. 41. See, also: I/A Court HR. Case of Wong Ho Wing v. Peru. Preliminary Objection, Merits, Reparations and Costs. Judgment of June 30, 2015. Series C No. 297, par. 25. 3 Although in a subsequent written statement, the State indicated that there were no records of any investigation, taking into consideration the rest of the information provided by the parties, the IACHR is of the understanding that there had been an investigation and that it had been archived for alleged lack of evidence. 4