REPORT No. 107/ 10 1
PETITION 1138-04
ADMISSIBILITY
PATRICIA EMILIE CUELLAR SANDOVAL AND OTHERS
EL SALVADOR
August 20, 2010
I.
SUMMARY
1.
On October 27, 2004, the Inter-American Commission on Human Rights (hereinafter
“the Inter-American Commission,” “the Commission,” or “the IACHR”) received a complaint
lodged by the UCA Human Rights Institute (“IDEHUCA”; hereinafter “the petitioners”) alleging the
international responsibility of the Republic of El Salvador (hereinafter “the State,” “El Salvador,”
or “the Salvadoran State”), for the alleged forced disappearance of Patricia Emilie Cuellar
Sandoval, her father Mauricio Cuellar Cuellar, and Julia Orbelina Pérez (hereinafter “the alleged
victims”) from the city of San Salvador on July 28 and 29, 1982, and for the alleged failure to
investigate and punish those responsible for those incidents.
2.
The petition alleges that El Salvador is responsible for violating the rights
protected by Articles 4 (right to life), 5 (right to humane treatment), 7 (right to personal liberty), 8
(right to a fair trial), and 25 (right to judicial protection) of the American Convention on Human
Rights (hereinafter “the Convention” or “the American Convention”), in conjunction with Article
1.1 (obligation to respect rights) thereof, with respect to the alleged victims. Regarding the
admissibility of the complaint, the petitioners request the application of the exception to the rule
requiring the prior exhaustion of domestic remedies provided for in Article 46.2.c of the American
Convention, because in spite of the years that have gone by, the legal remedies lodged with the
agencies of the Salvadoran judiciary are still pending resolution.
3.
For its part, the Salvadoran State holds that the petition is inadmissible, on account
of the alleged failure to exhaust the remedies provided by domestic law. Thus, El Salvador argues
that there are unconcluded judicial proceedings still dealing with matters related to the situation of
the alleged victims, as well as judicial remedies that have not yet been invoked.
4.
After analyzing the petition, and in accordance with the terms of Articles 46 and 47
of the American Convention and Articles 30, 36, and others of its Rules of Procedure, the IACHR
concludes that it is competent to hear the complaint lodged by the petitioners, as regards the
alleged violation of Articles 4, 5, 7, 8, and 25 of the American Convention, in conjunction with
Article 1.1 thereof, with respect to the alleged victims; and of Articles 5, 8, and 25, also in
conjunction with Article 1.1, with respect to their families. In addition, applying the principle of iura
novit curia, the Commission concludes that the petition is admissible as regards the possible
violation of Article 3 of the Convention, in conjunction with Article 1.1 thereof, with respect to the
alleged victims. Finally, the Commission resolves to notify the parties, to publish this admissibility
report, and to include it in its Annual Report to the OAS General Assembly.
II.
PROCEEDINGS BEFORE THE IACHR
1
Commissioner María Silvia Guillén, a national of El Salvador, did not participate in analyzing or voting on this
case in compliance with Article 17.2.a of the IACHR’s Rules of Procedure.