ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF MAY 14, 2013
CASE OF CONTRERAS ET AL. v. EL SALVADOR
MONITORING COMPLIANCE WITH JUDGMENT
HAVING SEEN:
1.
The Judgment on merits, reparations and costs delivered by the Inter-American Court
of Human Rights (hereinafter “the Inter-American Court” or “the Court”) on August 31,
2011 (hereinafter “the Judgment”), in which it accepted the acknowledgement of
international responsibility made by the Republic of El Salvador (hereinafter “the State” or
“El Salvador”) and declared the latter internationally responsible for the forced
disappearances of Ana Julia Mejía Ramírez, Carmelina Mejía Ramírez, Gregoria Herminia
Contreras, Julia Inés Contreras, Serapio Cristian Contreras and José Rubén Rivera Rivera,
perpetrated by members of the Armed Forces between 1981 and 1983. These took place in
the context of the most violent phase of the internal armed conflict in El Salvador and were
part of a systematic pattern of forced disappearances of children, who were illegally
removed and retained by members of the Armed Forces in the context of the
counterinsurgency operations, a practice that, in many cases, involved the appropriation of
the children and their registration with a different name or with false information. Although
approximately 30 years have elapsed since the said forced disappearances without any of
the masterminds or perpetrators having been identified and prosecuted, and without all the
truth about the facts being known to this day, when this Judgment was handed down only
the whereabouts of Gregoria Herminia Contreras had been established, through the actions
of a non-State organization. Thus, a situation of total impunity prevailed. Furthermore, the
circumstances of this case revealed that the suffering of the three families affected by the
disappearance of one or more of their children was increased by being deprived of the truth
both about what happened and about the whereabouts of the victims, and by the lack of
collaboration of the State authorities in order to establish this truth. Consequently, the
Court found that there had been a violation of Articles 3, 4(1), 5(1), 5(2), 7, 7(6), 8(1),
11(2), 17(1), 18, 19 and 25(1), in relation to Article 1(1) of the American Convention on
Human Rights (hereinafter “the American Convention” or “the Convention”).1 The Court also
established that:
[…]
2.
Within a reasonable time, the State must continue effectively and with the greatest
diligence the investigations it has commenced, as well as initiate any other necessary in order to
identify, prosecute and, as appropriate, punish all those responsible for the forced
disappearances of Gregoria Herminia Contreras, Serapio Cristian Contreras, Julia Inés Contreras,
Judge Eduardo Vio Grossi informed the Court that, for reasons beyond his control, he would be unable to
attend the deliberation and signature of this Order.
1
The official summary [in Spanish] of the Court’s Judgment can be consulted at the following site:
http://www.corteidh.or.cr/docs/casos/articulos/resumen_232_esp.pdf.