REPORT Nº 48/08
PETITION 515-01
ADMISSIBILITY
MIREY TRUEBA ARCINIEGA
MEXICO
July 24, 2008
I.
SUMMARY
1.
On August 2, 2001, the Inter-American Commission on Human
Rights (hereinafter “the Commission,” “the Inter-American Commission,” or “the
IACHR”) received a petition lodged by the Commission for Solidarity and the
Defense of Human Rights (COSYDDHAC) and the Center for Justice and
International Law (CEJIL) (hereinafter “the petitioners”) alleging the international
responsibility of the United Mexican States (hereinafter “Mexico,” “the State,” or
“the Mexican State”) in the extrajudicial execution of Mirey Trueba Arciniega, aged
20, at the hands of members of its armed forces, in the village of Baborigame,
Guadalupe y Calvo municipality, Chihuahua, Mexico, on August 22, 1998.
2.
The petitioners claim that the Mexican State is responsible for
violating the rights enshrined in Articles 4 (right to life), 8 (right to a fair trial,)
and 25 (judicial protection) of the American Convention on Human Rights
(hereinafter “the Convention” or “the American Convention”), in conjunction with
violating the obligation set out in Article 1(1) thereof (obligation to respect rights),
with respect to Mirey Trueba Arciniega and his family.
3.
The State acknowledges that Mirey Trueba Arciniega’s death
was caused by a member of the army on active service. It claims, however, that
the crime occurred through misadventure: in other words, unintentionally. It also
claims that the individual responsible for Mirey Trueba’s killing was prosecuted and
convicted, and that the IACHR should therefore not review the proceedings before
its domestic courts. It also claims it has given the victim’s family compensation for
the harm inflicted on them, and has therefore complied with its obligations under
the American Convention.
4.
In this report, the Commission concludes that the petition is
admissible with respect to the violation of Mr. Mirey Trueba Arciniega’s right to life,
a fair trial, and judicial protection, set out respectively in Articles 4, 8, and 25 of
the American Convention; it also rules it admissible as regards Article 1(1) of that
same international instrument, in accordance with the requirements established in
Articles 46 and 47 thereof.
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