3
5. Adopt non repetition measures to ensure that the integral protection system of
children is implemented effectively, including the strenghtening and adequacy with the
international standards of the Civil Registry system and the adoption system.
In addition to the need for obtaining justice for the victims, the IACHR notes that the
instant case also involves matters of the inter-American public order of human rights.
The Commission notes that the facts in the instant case occurred in the context of an
armed conflict in which State authorities committed grave human rights violations, including the
practice of forced disappearance of boys and girls. In the cases of the Serrano Cruz sisters and
Contreras et al, the Inter-American Court declared the international responsibility of the
Salvadoran State for facts similar to those of this case. Although the Court ordered the State to
take several reparation measures, El Salvador has not carried out the comprehensive and
sustainable action required to remedy a context of the magnitude and severity such as the
forced disappearance of boys and girls. In particular, the State of El Salvador has not removed
the structural obstacles that maintain impunity for the facts.
Since these questions have significant impact on the inter-American public order of
human rights, in accordance with Article 35.1.f of the Inter-American Court’s Rules of Procedure
the Commission offers expert testimony on:
A State such as El Salvador, where there has been a systematic and generalized practice
of forced disappearance of boys and girls, needs adequate and sustainable legal and
institutional facilities to apply the comprehensive set of reparations required in these
circumstances. Indispensable elements are the search for the victims, removal of the structural
causes of impunity, and possible reconstruction of the victims’ identity.
The currículum vitae of the proposed expert witness will be included in the appendixes
to the Report on the Merits 75/12.
The Commission puts at the Court’s disposal the following identification of the persons
who have acted as petitioners in the processing and their contact information:
Asociación Pro-Búsqueda
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Signed in the original
Emilio Álvarez Icaza L.
Executive Secretary