crime of causing serious injury to Mrs. Silvia Esperanza González […]. 3The State therefore claims that there has been neither impunity nor unwarranted delay in this case. 15. The State also advises that not all domestic remedies have been exhausted in this case because the case is complicated and the accused have lodged different appeals against the decisions adopted in the domestic courts. The State claims that although these remedies “interrupt the normal progress of the process,” [it is not possible] “to charge those responsible for the administration of justice in the State of Honduras with unwarranted delay.” 4 IV. ANALYSIS A. Competence 16. The petitioners are empowered by Article 44 of the American Convention to lodge petitions with the IACHR. The petition identifies as alleged victim an individual person, whose rights under the American Convention the Honduran State is committed to respect and guarantee. As far as the State is concerned, the Commission states that since September 8, 1977, the date when it deposited its instrument of ratification, Honduras has been a State Party to the American Convention. Therefore the Commission has competence ratione personae to deal with this petition. 17. The Commission has competence ratione loci to deal with the petition since it alleges violations of rights protected by the American Convention that took place in the territory of a State Party to said Convention. The IACHR has competence ratione temporissince the obligation of respecting and guaranteeing the rights protected by the American Convention was already in force for the State on the date when the events alleged in the petition took place. Finally, the Commission has competence ratione materiae because the petition covers violations of human rights protected by the American Convention. B. Other requirements for admissibility 1. Exhaustion of remedies under domestic law 18. The petitioners allege that even after more than four and a half years since the death of Mr. Carlos Antonio Luna López, all those responsible have not been punished. For this reason they claim that the present case falls within the exceptions defined by Article 46.2 of the American Convention and should therefore be declared admissible. 19. The state claims that in the instant case all remedies under domestic law have not been exhausted in that “at present one case or proceeding is underway against those who appear to be implicated in the death of Mr. CARLOS LUNA […].” 5 20. The American Convention establishes as a general rule in Article 46.1.a that for a petition to be declared admissible “all the remedies under domestic law have been pursued and exhausted in accordance with generally recognized principles of international law.” 6 Paragraph (2) of the same Article establishes the following exceptions to the general rule as follows: 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 3 4 5 6 Indictment, op.cit., note 1, p.3. Responses to observations from the petitioner, April 23, 2004, p.5. Initial response to the petition, July 16, 2003, p. 7 (emphasis in the original). American Convention on Human Rights, Article 46.1.a. 3