carried out. Accordingly, the petitioner bases his claim before the IACHR on the fact that the Court of the Third
Western Section itself established in its resolution that:
From the inspection and experts' report it is evident that the proper methodology was not
even remotely followed, while, in addition, the expert appraisals are not conclusive in their
assertions and leave significant room for doubt. They cannot therefore be used to determine
what happened and dispel the doubts raised by the opposing versions of the facts [on the one
hand, the petitioner claimed that the grenade was inside the vehicle already before it
exploded, while, on the other, the defense of the accused maintained that it was tossed in from
the outside].
[…]
Given the time that has elapsed and the disappearance of the vehicle, it is becoming difficult,
almost impossible, to conduct other expert appraisals to dispel the doubt that exists, doubts
that the experts themselves raised by acknowledging the need for further investigations. As a
consequence of the insufficient investigation, no sufficient determination was reached of the
corpus delicti or of the part played by the accused [...]2
16.
In short, Mr. Aguirre Magaña maintains that, due to deficiencies in the investigations carried
out by auxiliary services of the police; alleged irregularities on the part of the forensic scientists taking part in
the investigations; various defects of due process during the criminal proceedings in which he participated as
the victim; and allegedly irregular actions by members of the Judiciary, his alleged aggressor had gone
unpunished, which meant that he had been denied access to justice. He mentions, moreover, that the
proceedings had gone on for more than 11 years, mainly due, he alleges, to delaying tactics by the judicial
authorities involved.
17.
Based on the foregoing, the petitioner argues that the State violated, to his detriment, the
rights established in Articles 8 and 25 of the American Convention on Human Rights, in conjunction with Article
1.1 said Convention.
B.
Position of the State
18.
As of the date this report was adopted, the State had not provided its observations with
respect to the present petition.
IV.
ANALYSIS OF COMPETENCY AND ADMISSIBILITY
A.
Competence
19.
The petitioner is entitled under Article 44 of the American Convention to lodge petitions with
the Commission. The petition alleges the violation of rights enshrined in the American Convention on Human
Rights to the detriment of an individual in respect of whom the Salvadoran State undertook to respect and
ensure those rights from the date on which it deposited its instrument of ratification of the aforementioned
treaty, June 23, 1978. Based on the foregoing and taking into account that the alleged violations are said to have
occurred within the territory of a state party to this treaty after it deposited its instrument of ratification, the
IACHR concludes that it is competent ratione personae, ratione loci, ratione temporis and ratione materia to
examine the petition.
20.
The above shall not preclude the IACHR, during the merits stage in the processing of this
petition when it examines possible violations of the American Convention, from taking into consideration other
2
20, 2004.
Original petition received on July 28, 2005, attached: Judgment of the Court of the Third Western Section in Ahuachapán of July
3