4
30.
On August, 3, 2012 the Commission requested the petitioners information about close
family members of the alleged victims that allegedly suffered damage due to the claimed human rights
violations. Until the date of the approval of this report the Commission has not received such information.
III.
THE PARTIES’ POSITIONS
A.
The petitioners
31.
The petitioners alleged that José Adrián Rochac Hernández, Emelinda Lorena
Hernández, Santos Ernesto Salinas, Manuel Antonio Bonilla Osorio, and Ricardo Abarca Ayala were
victims of forced disappearance at the hands of the Salvadoran army.
32.
In setting the context, they indicated that for 12 years El Salvador was mired in an
internal armed conflict marked by indiscriminate attacks against the non-combatant civilian population
that, had a particularly strong impact on the rural population. They indicated that in order to destroy the
bases of support of the guerrilla forces, the Salvadoran armed forces carried out the bloodiest operations
from 1980 to 1984. In addition, they indicated that this was the period of the armed conflict in which the
largest number of disappearances of children took place. The petitioners indicated that the disappearance
of children was part of the strategy of “taking the water from the fish”, as one of the many forms of military
repression against the civilian population, the objective of which was to cause terror through family
separation. They alleged that the disappeared children were mostly from the conflict zones, where largescale military operations were under way, such as Chalatenango, Cabañas, Cuscatlán, San Vicente,
Usulután, the northern part of San Miguel, Morazán, and northern and eastern San Salvador.
33.
They also indicated that both the Commission and the Inter-American Court have
recognized the existence of this phenomenon of disappearances during the armed conflict. They added
that in effect there was a pattern of forced disappearances of children, especially from 1980 to 1983.
They alleged that the forced disappearances of José Adrián Rochac Hernández, Emelinda Lorena
Hernández, Santos Ernesto Salinas, Manuel Antonio Bonilla Osorio, and Ricardo Abarca Ayala were
carried out in those years, and that in each case there was evidence that it was state agents who last had
the children under their control for the last time, so the burden is on the State to prove otherwise.
34.
With respect to Emelinda Lorena Hernández, the petitioners alleged that the
disappearance occurred in the canton of La Joya, jurisdiction of Meanguera, department of Morazán, in
December 1981, during one of the largest and bloodiest operations carried out by the Salvadoran army.
According to the petitioners, at the time of her disappearance Emelinda Lorena Hernández was 11
months and 15 days old.
35.
As for the disappearance of Santos Ernesto Salinas, 9 years old when disappeared, the
petitioners indicated that on October 25, 1981, he disappeared at the hands of agents of the Salvadoran
armed forces during a military operation in the canton of San Nicolás Lempa, municipality of Tecoluca,
department of San Vicente, a highly conflictive zone. In addition, the petitioners alleged that Ms. Josefa
Sánchez saw when members of the armed forces led Santos Ernesto and another child to an unknown
destination.
36.
As for José Adrian Rochac Hernández, 5 years old at the time, the petitioners alleged
that his disappearance occurred on December 12, 1980, during a military operation in the canton of San
José Segundo, carried out by the Air Force of El Salvador and paramilitary forces in the zone. In addition,
the petitioners alleged that there are several witnesses who have testified that the child was last seen in
the custody of state agents who led him to an unknown destination.
37.
With respect to Manuel Antonio Bonilla Osorio and Ricardo Abarca Ayala, the petitioners
indicated that they disappeared in the context of the El Calabozo Massacre, which according to the
petitioners’ briefs was one of the worst massacres committed by the Salvadoran armed forced during the
armed conflict. They alleged that the press articles at the time describe the abduction of children during
“Operation Lieutenant Mario Azenón Palma,” in August 1982. They also alleged that on the day of the