the exception that Article 46(2)(c) of the American Convention provides for the rule requiring exhaustion of local remedies.2 They argue that more than six years after the events occurred, the preliminary investigation is still underway, without result. The petitioners cite the case-law of the Inter-American Court, to the effect that an investigation must be undertaken in a serious manner, and not as a mere formality preordained to be ineffective.3 B. The State’s position 20. In its original response, the State alleged that the facts denounced were being investigated and that measures were being taken to combat armed groups operating in the municipalities of San Martín and Aguachica.4 21. It later reported that the Barranquilla Regional Prosecutor’s Office had instituted the investigation into the death of Guillermo Omeara Miraval on September 6, 1994. For reasons of jurisdiction, it was later transferred to the Aguachica Investigative Section, where the investigation ended up on September 30, 1994. The Aguachica Investigative Unit ordered that the investigation should be handed over to the Valledupar Regional Prosecutor’s Office, on the grounds that this was a crime against public safety and security. On October 19, 1994, Investigative Office Nº 28 of the Valledupar Anti-Extorsion and Kidnapping Unit referred the investigation to the Valledupar Regional Prosecutor’s Office on the grounds that this was a crime of kidnapping for extortion. That Office decided to hand the investigation over to the Barranquilla Regional Prosecutor’s Office on March 28, 1995, which finally ordered the preliminary proceedings. 22. The State maintains that on September 27, 1995, the National Bureau of Investigations assigned investigation of the case to the Human Rights Unit. On November 3, 1995, the Human Rights Unit became seized of the investigation and ordered that evidence be taken. 23. In its communication of December 12, 1995, the State reported that the Barranquilla Regional Prosecutor’s Office was not conducting any investigation into the death of Noel Emiro Omeara Carrascal. It stated that the lack of information on the status of the inquiries into the death of Mr. Omeara Carrascal and Mr. Alvarez Sánchez was not 2 Idem. 3 Communication from the petitioners dated March 2, 1999. 4 Note EE/DH/6295, from the Office of the Director General of Special Affairs of the Ministry of Foreign Affairs of Colombia, August 9, 1995.