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The Commission has designated Commissioner Rosa María Ortiz and Executive Secretary
Emilio Álvarez Icaza L. as its delegates. Elizabeth Abi-Mershed, Assistant Executive Secretary,
and Silvia Serrano Guzmán and Isabel Madariaga, attorneys of the Executive Secretariat of the
IACHR, will be legal advisers.
In accordance with Article 35 of the Inter-American Court’s Rules of Procedure, the
Commission attaches a copy of Report 75/12 prepared per Article 50 of the Convention, and a
copy of the Inter-American Commission’s entire case file (Appendix I) and the appendixes used
in preparation of Report 75/12 (Appendixes). That Report on the Merits was transmitted to the
State of El Salvador in a communication of November 21, 2012, giving it a period of two months
to report on compliance with the recommendations. The Commission has not received any
information from the State of El Salvador. Available information indicates that there has been
no progress in compliance.
Given this situation, the Commission decided to submit the case to the jurisdiction of
the Inter-American Court in order to obtain justice for the victims.
The Commission submits to the Inter-American Court all the facts stated in the Report
on the Merits 75/12, which constitute ongoing violations.
The Commission therefore requests that the Inter-American Court declare that the State
of El Salvador
In addition, the Commission requests that the Inter-American Court order the following
reparation measures:
1. Conduct a thorough, impartial, and effective investigation into the fate or
whereabouts of José Adrián Rochac Hernández, Santos Ernesto Salinas, Emelinda Lorena
Hernández, Manuel Antonio Bonilla, and Ricardo Ayala Abarca and, if they are found,
make the necessary efforts to ensure family reunification. If it is established that any of
them is not alive, take the measures necessary to deliver their remains to their next-ofkin.
2. Conduct a thorough, impartial, and effective investigation into the facts to
determine the responsibility and to punish all the perpetrators of the human rights
violations to the detriment of the victims in the instant case, including the investigations
necessary to determine the responsibility and punish the persons who participated in
covering up the facts and in the denial of justice.
3. Make adequate reparation to the victims of the instant case, including both the
material and non-material aspect.
4. Adopt the measures necessary for ensuring the effectiveness and permanence for
the time necessary of the search commission, the search webpage, and the genetic
information system being implemented in the framework of what was ordered by the
Inter-American Court of Human Rights in the judgment of the case of the Serrano Cruz
Sisters. In particular, ensure that these measures are established through the legal
mechanisms that provide legal certainty in its functioning and sufficient budget.