26.
The case records do not show that the subject of the petition is pending other international
settlement procedures, or that it replicates a petition already examined by this or another international
organization. Therefore, the requirements set forth in Articles 46(1)(c) and 47(d) of the Convention are
considered as having been met.
4.
Colorable claim (characterization of the facts alleged)
27.
For the purposes of admissibility, the IACHR must decide, pursuant to Article 47(b) of the
American Convention, whether the facts alleged, if proven, could characterize a violation of rights, or whether,
pursuant to paragraph (c) of the same article, the petition is “manifestly groundless" or "obviously out of
order." The criterion for analyzing admissibility differs from that used to analyze the merits of the petition,
given that the Commission only conducts a prima facie analysis to determine whether the petitioners establish
an apparent or possible violation of a right guaranteed by the American Convention. This is a matter of a cursory
analysis that does not amount to prejudging or issuing a preliminary opinion on the merits of the matter.
28.
Furthermore, neither the American Convention nor the Rules of Procedure of the IACHR
require that the petition identify the specific rights allegedly violated by the State in a matter submitted to the
Commission, though the petitioners may do so. It is up to the Commission, based on the case-law of the system,
to determine in its admissibility reports which provision of the relevant inter-American instruments is
applicable or could be established as having been violated, if the facts alleged are sufficiently proven.
29.
The petitioner complains that he has been the victim of a consistent denial of justice given that
the acts that caused him permanent physical disability have gone unpunished. The petitioner stresses that the
criminal proceedings as a whole have exceeded any reasonable period of time; that the investigation phase
lasted more than 11 years; and that he considers it unjustifiable that after all that time domestic courts justify
not prosecuting the person responsible for the facts on the grounds that the initial investigations were
conducted inappropriately or negligently. The petitioner complains that delaying tactics were used by the
judicial authorities and that judges continuously recused themselves. He points out that, just at the first
instance level, nine judges were involved. In addition, he alleges that there were acts of corruption and collusion
by different judges and justices of the peace in the Judiciary aimed at protecting the person allegedly
responsible for what happened.
30.
In light of the arguments of fact and law submitted by the petitioner and the nature of the
matter before it, the IACHR finds that, if proven, the alleged facts could constitute possible violations of rights
protected in Articles 8 and 25 of the American Convention, in conjunction with Article 1(1) thereof, to the
detriment of Mr. Miguel Ángel Aguirre Magaña.
V.
CONCLUSIONS
31.
Based on the foregoing considerations of fact and law, and without prejudging the merits of
the matter, the Commission concludes that the petition meets the requirements for admissibility set forth in
Articles 46 and 47 of the American Convention.
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
DECIDES:
1.
To declare the instant petition admissible in relation to Articles 8 and 25 of the American
Convention, in conjunction with the obligation contained in Article 1.1 thereof;
2.
To notify the parties of this decision;
3.
To proceed with its examination of the merits of the case; and
5