interested party to take further procedural measures. Lastly, in the circumstances of the
instant case, the Court finds it pertinent that the State adopt, if possible, additional
measures and appropriate mechanisms to make diligent progress in the investigation of the
facts, as indicated in paragraph 186 of the Judgment.11 Based on the foregoing
considerations, the Court finds it necessary that El Salvador forward complete, detailed and
updated information on the proceedings and measures taken in the context of the
investigations into the facts of this case, including copies of the main proceedings, that
reveal the status and the progress made in the investigations.
b)
Obligation to conduct, as soon as possible, a genuine search, in which
it makes every effort to determine the whereabouts of Serapio Cristian
Contreras, Julia Inés Contreras, Ana Julia Mejía Ramírez, Carmelina Mejía
Ramírez and José Rubén Rivera Rivera (third operative paragraph of the
Judgment)
13.
The State advised that, at that time, it had confirmation that two of the victims of
the case, the youths José Rubén Rivera Rivera and Serapio Cristian Contreras, had been
found. With regard to José Rubén Rivera Rivera, the State indicated that, owing to the
measures taken by the National Commission for the Search for Children Disappeared during
the Internal Armed Conflict12 (hereinafter “the National Search Commission”), in March
2012, confirmation had been received that he was living in the United States of America.
However, his current identity – assigned by his adoptive family – and his address would be
kept confidential at his request. At the present time, efforts based on a psychosocial
approach are being made with the biological family and with José Rubén Rivera Rivera in
order to prepare them for a possible reunion, and El Salvador was facilitating the necessary
migratory procedures. As part of the said measures, it had offered collaboration with advice
on legal aspects through one of its offices abroad; the victim had been issued with a
Salvadoran passport on April 28, 2012, under a rapid procedure and without any cost to
him, and the victim had been informed that the costs of his travel to El Salvador would be
covered by the State. However, the State was unable to intervene in any way in the
migratory situation of José Rubén Rivera Rivera in the country were he currently resides,
and he himself had expressed his wish to take all necessary steps for his return through his
own lawyer. In addition, an offer had been made to the victim to obtain psychological
support in his country of residence, since he lived outside El Salvador. Regarding the
investigation that led to finding him, the State reported that, based on the information
concerning the date of his alleged forced disappearance, the victim was linked to a case
examined by the National Search Commission in October 2011, and, in this way, it was
11
According to paragraph 186 of the Judgment, the Court found it pertinent that the State adopt measures
such as: (a) establish coordination mechanisms between the different State bodies and institutions with the powers
to investigate, and mechanisms to monitor the cases being processed for the forced disappearance of children
during the armed conflict; to this end, a database on the matter must be set up and kept updated in order to
ensure the most coherent and effective investigations; (b) elaborate protocols for procedures in this matter with an
interdisciplinary approach and train the officials involved in the investigation of serious human rights violations so
that they are able to use the available legal, technical and scientific elements; (c) promote pertinent actions of
international cooperation with other States in order to facilitate the collection and exchange of information, as well
as and other necessary legal actions, and (d) Ensure that the different bodies of the justice system involved in the
case have the human, financial, logistic, scientific and other resources necessary to perform their tasks adequately,
independently and impartially, and adopt the necessary measures to guarantee that judicial, prosecutorial and
investigative officials and other agents of justice have an adequate security and protection system, which takes
into account the circumstances of the cases for which they are responsible and the place where they work, and
allows them to perform their functions with due diligence, and to protect witnesses, victims and next of kin.
12
According to information provided by the State, the President of the Republic of El Salvador created this
Committee by Executive Decree No. 5 of January 15, 2010, published in Official Gazette No. 11, Volume 386, of
January 18, 2010.
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