11 50. The Government raised several preliminary objections that the Court ruled upon in its Judgment of June 26, 1987 (supra 16-23). There the Court ordered the joining of the merits and the preliminary objection regarding the failure to exhaust domestic remedies, and gave the Government and the Commission another opportunity to "substantiate their contentions" on the matter (Velásquez Rodríguez Case, Preliminary Objections, supra 23, para. 90). 51. The Court will first rule upon this preliminary objection. In so doing, it will make use of all the evidence before it, including that presented during the proceedings on the merits. 52. The Commission presented witnesses and documentary evidence on this point. The Government, in turn, submitted some documentary evidence, including examples of writs of habeas corpus successfully brought on behalf of some individuals (infra 120 (c)). The Government also stated that this remedy requires identification of the place of detention and of the authority under which the person is detained. 53. In addition to the writ of habeas corpus, the Government mentioned various remedies that might possibly be invoked, such as appeal, cassation, extraordinary writ of amparo, ad effectum videndi, criminal complaints against those ultimately responsible and a presumptive finding of death. 54. The Honduran Bar Association in its brief (supra 35) expressly mentioned the writ of habeas corpus, set out in the Law of Amparo, and the suit before a competent court "for it to investigate the whereabouts of the person allegedly disappeared." 55. The Commission argued that the remedies mentioned by the Government were ineffective because of the internal conditions in the country during that period. It presented documentation of three writs of habeas corpus brought on behalf of Manfredo Velásquez that did not produce results. It also cited two criminal complaints that failed to lead to the identification and punishment of those responsible. In the Commission's opinion, those legal proceedings exhausted domestic remedies as required by Article 46 (1) (a) of the Convention. 56. The Court will first consider the legal arguments relevant to the question of exhaustion of domestic remedies and then apply them to the case. 57. Article 46 (1) (a) of the Convention provides that, in order for a petition or communication lodged with the Commission in accordance with Articles 44 or 45 to be admissible, it is necessary that the remedies under domestic law have been pursued and exhausted in accordance with generally recognized principles of international law. 58. The same article, in the second paragraph, provides that this requirement shall not be applicable when a. the domestic legislation of the state concerned does not afford due process of law for the protection of the right or rights that have allegedly been violated; b. the party alleging violation of his rights has been denied access to the remedies under domestic law or has been prevented from exhausting them; or c. there has been unwarranted delay in rendering a final judgment under the aforementioned remedies. 59. In its Judgment of June 26, 1987, the Court decided, inter alia, that "the State claiming non-exhaustion has an obligation to prove that domestic remedies remain to be exhausted and

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