REPORT No. 24/21 CASE 13.047 MERITS MIGUEL ÁNGEL AGUIRRE MAGAÑA EL SALVADOR March 23, 2021 I. INTRODUCTION 1. On July 28, 2005, the Inter-American Commission on Human Rights (hereinafter "the Inter-American Commission," "the Commission," or "the IACHR") received a petition from the Instituto de Derechos Humanos of the Universidad Centroamericana José Simeón Cañas (hereinafter "the petitioner"). The petition alleged that the Republic of El Salvador (hereinafter "the State of El Salvador," "the State," or "El Salvador") was internationally responsible to the detriment of Miguel Ángel Aguirre Magaña for the alleged lack of a diligent investigation and criminal prosecution of those responsible for an incident that took place in 1993 in which he suffered injuries, lost a leg, and lost hearing in his right ear. 2. The Commission approved admissibility report 63/16 of December 6, 2016.1 On December 15, 2016, the IACHR notified the parties of the report and made itself available to help them reach a friendly settlement, but the conditions were not met for resolving the case using that process. The parties were given the time provided for in the Rules of Procedure to submit additional comments on the merits. All the information received was duly transferred to the parties. II. POSITIONS OF THE PARTIES A. Petitioner: 3. The Petitioner alleges El Salvador is internationally responsible to the detriment of Miguel Ángel Aguirre Magaña for the alleged lack of a diligent investigation and criminal prosecution of those responsible for an incident in which he suffered injuries, lost a leg, and lost his hearing in his right ear. It states that at the time of the facts, Mr. Aguirre was a court official. It indicates that on November 13, 1993, he was on his way to carry out a judicial procedure with another official and with the Justice of the Peace of Villa Apaneca, the owner of the vehicle in which they were traveling. It notes that during the trip, a grenade exploded without warning inside the vehicle. It states that because of the explosion, Mr. Aguirre had to have his right leg amputated above the knee, lost all of his hearing in his right ear, and suffered multiple injuries to other parts of his body. 4. The petitioner alleges that Mr. Aguirre filed a complaint with judicial authorities requesting the Justice of the Peace of Villa Apaneca—who had the grenade that exploded in his car—be investigated and punished. It states that the investigation into the facts of the case violated Mr. Aguirre's rights to fair trial and judicial protection in that: i) there were a number of irregularities during the criminal process; ii) the entire process suffered from unjustified delays; iii) the investigation was not conducted in observance of due diligence standards; and iv) a situation of impunity was the result of the lack of a diligent investigation. 5. Regarding the alleged irregularities during the criminal process, the petitioner indicates a false medical report was issued to benefit the defendant. The report indicated that he suffered multiple injuries in the explosion, when in reality he did not. The petitioner also indicates that the criminal court in charge of the investigation failed to comply with its obligation to conduct an inquiry into the defendant, who in fact did not participate in any investigative step. It also states that the aforementioned court denied his request for certification of the process, violating his right to petition. IACHR. Admissibility report 63/16. Petition 860-05. Miguel Ángel Aguirre Magaña. El Salvador. December 6, 2016. The report declared the petition admissible with regard to articles 8 and 25 of the American Convention on Human Rights, in conjunction with the obligation established in Article 1(1) of the Convention. 1 1

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