CCPR/C/127/D/2760/2016 disappearance attributable to acts and omissions by the State party, maintain that the public apologies issued cover only the former and do not provide redress for the act that gave rise to the communication in the first place, namely, the enforced disappearance. 9.7 Lastly, the authors indicate that financial compensation was awarded to the father of the disappeared person, but not to his mother or sister, or to the disappeared person himself. Additional information provided by the State party 10. On 11 September 2019, the State party informed the Committee of additional steps taken by the Office of the Specialized Prosecutor for the Investigation of Crimes of Enforced Disappearance (see para. 6.8 above), including excavations in the area surrounding Chacahua lagoon, interviews with neighbours and tourism companies operating in the area, and a simulation of a body being thrown into the sea with a view to tracking its movement and establishing the possible resting place of Mr. Moreno Pérez. However, these actions did not bear fruit. The State party also reported that the judges of the Constitutional Chamber of Oaxaca State Judicial Authority had resolved to order the Office of the Prosecutor General of Oaxaca State to comply with the first, second and third points of the recommendations made by the Office of the Oaxaca Human Rights Ombudsman (see para. 9.1 above). With regard to the proceedings instituted before the Criminal Court of Puerto Escondido, the State party notes that, on 14 February 2019, the Office of the Specialized Prosecutor formally indicted Javier Rodríguez Peña on criminal charges of aggravated murder with premeditation and undue advantage and aggravated robbery with physical violence and that, accordingly, the proceedings have now entered the trial phase. The State party also reports that Oaxaca State Judicial Authority has been formally requested to appoint experts to prepare evidence pursuant to the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Istanbul Protocol). The State party also reported that investigation nos. 139/UEDF/2018, 138/FESP/2013 and 21/FESP/2015 are still in progress. Lastly, the State party reports that Mr. Moreno Pérez’s parents and sister have been added to the National Registry of Victims (see para. 8.6 above). Issues and proceedings before the Committee Consideration of admissibility 11.1 Before considering any claims contained in a communication, the Committee must decide, in accordance with rule 97 of its rules of procedure, whether the communication is admissible under the Optional Protocol to the Covenant. 11.2 The Committee has ascertained, as required under article 5 (2) (a) of the Optional Protocol, that the same matter is not being examined under another procedure of international investigation or settlement. 11.3 The Committee takes note of the State party’s contention that domestic remedies have not been exhausted as a number of case files and preliminary inquiries 50 are still open, and that the criminal proceedings before the Criminal Court of Puerto Escondido are still in progress. The Committee takes note, however, of the authors’ allegations that domestic remedies have been unreasonably prolonged and ineffective and that the investigations have been marred by serious irregularities, with the result that the fate and whereabouts of Mr. Moreno Pérez are still unknown. 11.4 The Committee recalls that the purpose of the requirement to exhaust domestic remedies is to give the State party the opportunity to fulfil its duty to protect and guarantee 50 12 Case file 644/EXT/2011 before the Missing Persons Centre of the Office of the Attorney General of the Federal District; preliminary investigation PGR/SIEDO/UEIS/009/2012 before the Office of the Deputy Attorney General for the Investigation of Organized Crime of the Office of the Attorney General of the Republic; preliminary investigation AP/PGR/SDHPDSC/UEBPD/M30/214/2015 before the Office of the Special Prosecutor for the investigation of crimes of enforced disappearance of the Office of the Deputy Attorney General for Human Rights, Crime Prevention and Community Service of the Office of the Attorney General of the Republic; investigation case file 139/UEDF/2018 before the Specialized Unit on Enforced Disappearances of the Office of the Prosecutor General of Oaxaca State. GE.19-21673