REPORT No. 63/16 PETITION 860-05 ADMISSIBILITY REPORT MIGUEL ÁNGEL AGUIRRE MAGAÑA EL SALVADOR DECEMBER 6, 2016 I. SUMMARY 4. On July 28, 2005, the Inter-American Commission on Human Rights (hereinafter "the InterAmerican Commission," "the Commission," or "the IACHR") received a petition initially lodged by the Human Rights Institute of the "José Simeón Cañas" Central American University (hereinafter also "the petitioners") on behalf of Mr. Miguel Ángel Aguirre Magaña1 (hereinafter "the petitioner" or "the alleged victim") against the Salvador State (hereinafter " El Salvador" or 'the State"). Mr. Aguirre Magaña argues that the State bears international responsibility for the alleged lack of diligent investigation and criminal prosecution of those responsible for an event in which he lost a leg, lost his hearing in his right ear, and suffered other serious injuries. Consequently, he argues that the State bears international responsibility for violation, to his detriment, of rights recognized at Articles 8 and 25 of the American Convention on Human Rights (hereinafter the “American Convention” or “Convention”). 5. Mr. Aguirre Magaña maintains that on November 13, 1993 he was traveling in a vehicle in which the driver was illegally carrying a fragmentation grenade, which exploded under the petitioner's seat, causing him grave and irreversible physical harm. Mr. Aguirre Magaña alleges that the investigation by the Civilian National Police and succesive judges handling the proceedings was negligent. Moreover, during the criminal proceedings, which dragged on for more than 11 years, several members of the Judiciary had allegedly committed acts of corruption and irregularities for the purpose of delaying judgment. As of the date this report was drafted, the State had still not presented its observations. 6. Without prejudging the merits of the complaint, after analyzing the position of the petitioner and pursuant to the requirements set forth in Articles 46 and 47 of the American Convention on Human Rights, the Commission decides to declare the petition admissible for the purpose of examining the argument relating to the alleged violation of rights established in Article 8 (Right to a Fair Trial) and Article 25 (Right to Judicial Protection) of the American Convention on Human Rights, in conjunction with Article 1.1 of said Convention. The Commission has further decided to notify the parties of this decision, make it public, and include it in its annual report to the General Assembly of the Organization of American States. II. PROCEEDINGS BEFORE THE IACHR 7. The IACHR received the petition on July 28, 2005 and requested further information from the petitioner on June 14, 2010. On February 4, 2013, the IACHR transmitted the petition to the State, granting it two months to submit its observations, in accordance with Article 30.3 of its Rules of Procedure in force at that time. On May 15, 2013, the State requested an extension, which was granted on June 17, 2013. Subsequently, on August 18, 2004, the Commission reiterated its´ request to the State for information was repeated. No reply has so far been received. 8. The petitioner transmitted additional information to the IACHR on the following dates: June 17, 2013; November 24, 2014; July 3, 2015; and January 26, 2016. Those communications were duly forwarded to the State. 1 Although the "José Simeón Cañas" Central American University initially acted as the petitioner, in recent years Mr. Miguel Ángel Aguirre Magaña has represented himself as petitioner and alleged victim. 1

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