INTER - AMERICAN COMMISSION ON HUMAN RIGHTS
COMISION INTERAMERICANA DE DERECHOS HUMANOS
COMISSÃO INTERAMERICANA DE DIREITOS HUMANOS
COMMISSION INTERAMÉRICAINE DES DROITS DE L'HOMME

ORGANIZACIÓN DE LOS ESTADOS AMERICANOS
WASHINGTON, D.C. 2 0 0 0 6 EEUU

March 21, 2013

Ref.:

Case No. 12.577
Rochac Hernández et al
El Salvador

Mr. Secretary:
I have the honor to address you on behalf of the Inter-American Commission on Human
Rights to submit to the jurisdiction of the Inter-American Court of Human Rights Case No.
12.577 Rochac Hernández et al concerning El Salvador (hereinafter “the State,” “the Salvadoran
State,” or “El Salvador”), which involves the forced disappearance of the boys José Adrián
Rochac Hernández, Santos Ernesto Salinas, Manuel Antonio Bonilla Osorio, and Ricardo Ayala
Abarca, and the girl Emelinda Lorena Hernández between 1980 and 1982 in circumstances with
similar characteristics: within the context of an armed conflict, after the execution of military
operations in the so-called “counter-insurgency,” in which their relatives were either killed or
managed to escape, and who were last seen with members of the armed forces, who abducted
them and decided on their fate.
More than 30 years have passed since the disappearance of the five victims in this case,
but their fate and whereabouts have never been established. These crimes remain in impunity,
given that the State did not conduct a serious and diligent investigation, within a reasonable
period, on the forced disappearance of the victims, as a mechanism to guarantee their rights
and to ensure the family members’ rights to truth, justice, and reparation. The Commission also
concluded that El Salvador violated the right to family and special protection of the boys and the
girl, because it was the State that, through the actions of its Armed Forces, separated the
victims from their families by their forced disappearance.
The State of El Salvador ratified the American Convention on Human Rights on June 23,
1978, and accepted the Court’s jurisdiction on June 6, 1995. Since on the latter date the boys
and girl who were victims continued in forced disappearance, the Court is competent ratione
temporis to rule on the instant case.

Mr.
Pablo Saavedra Alessandri, Secretary
Inter-American Court of Human Rights
Apartado 6906-1000
San José, Costa Rica
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