resolved quickly. In view of the criteria analyzed, the Commission concludes that the time period of 11 years
during which the criminal process lasted was unreasonable.
55. Therefore, the Commission finds that the State failed to comply with its duty to investigate the facts with
due diligence and within a reasonable period of time, as well as its duty to provide adequate and effective
resources to remedy the situation. Therefore, the Commission concludes that the State of El Salvador violated
the rights to fair trial and judicial protection enshrined in articles 8(1) and 25(1) of the American Convention
in conjunction with the obligations established in Article 1(1) of the convention, to the detriment of Miguel
Ángel Aguirre Magaña.
V. CONCLUSIONS AND RECOMMENDATIONS
56. Based on the considerations of fact and law set forth throughout this report, the Inter-American
Commission concludes that the State of El Salvador is responsible for the violation of the rights to fair trial and
judicial protection enshrined in articles 8(1) and 25(1) of the American Convention in conjunction with the
obligations established in Article 1(1) of the convention, to the detriment of Miguel Ángel Aguirre Magaña.
57. By virtue of these conclusions,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
RECOMMENDS THAT THE STATE OF EL SALVADOR:
1.
Provide full pecuniary and nonpecuniary reparations to Miguel Ángel Aguirre Magaña for the human
rights violations declared in this repor. The State must adopt measures to provide financial
compensation and satisfaction for the non-pecuniary damages.
2.
Order measures to provide the necessary physical and mental health care needed to Miguel Ángel
Aguirre Magaña. These measures must be implemented in accordance with the victim's wishes and in
coordination with the victim and his representatives.
3.
Provide permanent training programs for judicial authorities on due diligence and access to justice for
persons with disabilities, in accordance with the standards established in this report.
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