American Convention” or “the Convention”), in connection with the obligations established in Article 1.1 thereof. The Commission made the corresponding recommendations. II. ARGUMENTS OF THE PARTIES A. PETITIONER 6. The petitioner indicated that the Roche Azaña brothers left their place of origin in the province of Azuay, Ecuador, on April 8, 1996, with the intention of reaching the United States of America. The brothers reportedly headed for the city of Guayaquil, to then leave for Panama, and reached Nicaragua on April 14, 1996. The petitioner indicated that in Managua, the person who was transporting them proceeded to put them together with approximately 30 migrants to be transported to the city of Chinandega, Nicaragua, where they loaded them into a van-type vehicle, completely enclosed, with the aim of taking them to Honduras. They stated that the van had space for only 12 people. 7. The petitioner indicated that at 8 p.m.—suddenly, and simply because they believed them to be immigrants or foreigners—members of the Chinandega Municipal Police fired without warning at the vehicle in which the migrants were traveling. The petitioner maintained that they were unable to get out or do anything to defend themselves, as they were penned in and unarmed. The petitioner added that approximately five individuals were wounded in the attack and were abandoned in a deserted area. One of those individuals, according to the petitioner, was Pedro Bacilio Roche Azaña, who had received a gunshot wound to the head and suffered in agony until midnight of that same day, when he died. 8. The petitioning party recounted that Patricio Fernando Roche Azaña was hit by gunfire at the height of his thoracic cavity, which wounded him severely; however, an individual helped him by binding the wound tightly. The petitioner indicated that on the morning of the next day, locals from the area tried to help them, and they were taken to the hospital in Chinandega, where Patricio Fernando Roche Azaña remained unconscious and in a coma for approximately one month, far away from his family. The petitioner indicated that he remained in the hospital for a total of three months and after that began his return trip to Ecuador. 9. The petitioner alleged that on April 23, 1996, a criminal case was brought against seven members of the Nicaraguan police for the crimes of culpable homicide and grievous bodily harm, but that the police were acquitted and were released via a “Jury Council” ruling not subject to appeal. The petitioning party indicated that no statement was taken from Patricio Roche Azaña during the criminal trial because of his medical condition, and that there was also no opportunity for him to give testimony once he had recovered. The petitioner said that he was not informed of his rights as a victim in the case, that he had no access to any participation in the proceedings, and that he was not directly notified by the State of any judicial decision, but learned of the Nicaraguan court’s decision in August 1998, when his mother informally received a copy of the judgment from the Ecuadorian Foreign Ministry. 10. The petitioner indicated that in Ecuador he began a series of medical treatments but that he has still not achieved recovery to this day, since after “almost seven” surgical interventions he has been left with permanent injuries that have rendered him unable to carry out activities and live a normal and well life. The petitioner indicated that the treatment and the expenses to recover the body of his deceased brother had left his family in “abject poverty.” B. STATE 11. The State indicated that on April 14, 1996, approximately 30 Peruvian, Ecuadorian, and Colombian nationals entered Nicaraguan territory “illegally” via the border with Costa Rica, in transit to the United States. It said that on that day they boarded a bus that had tinted windows to conceal the number of passengers inside. According to the State’s account, on the highway the bus came upon a checkpoint where police officers were working that night to control and prevent contraband activity and other crimes that tend