5
remedy would still have been admissible through the complementary function of civil procedure
with respect to criminal law. 6
23.
In addition, El Salvador maintains that the petitioners’ contentions regarding the
involvement of state agents in the alleged forced disappearances are not supported by any
evidence; it also states that the investigations into the matter being pursued by the State are at the
preparatory stage. Additionally, it holds that the searches (or inspections) referred to by the
petitioners in the incident are exceptional mechanisms reserved for extraordinary cases – such as
an armed conflict – and that the reason for their existence arises from the need to ensure the
security of the population; and it further maintains that during the Salvadoran Civil War, such
searches were not solely conducted by the armed forces, but also by groups of outlaws.
24.
On June 14, 2010, the State reported that on June 1, 2009, the government adopted
a new vision of its human rights obligations, recognizing that during the internal armed conflict,
practices such as the forced disappearance of persons did take place. With reference to the instant
case, it noted that the three judicial proceedings referred to by the petitioners (case file 1287-UDV03, criminal proceedings No. 392/82, and the habeas corpus filing) were sent to the archive on the
decision of the corresponding competent authorities.
25.
In conclusion, the State maintains that the petition is inadmissible on account of
the failure to exhaust domestic remedies, and it asks the IACHR to issue a ruling in that sense.
IV.
ANALYSIS ON COMPETENCE AND ADMISSIBILITY
A.
Competence ratione personae, ratione loci, ratione temporis, and ratione materiae
of the Inter-American Commission
26.
The petitioners are entitled, under Article 44 of the American Convention, to lodge
complaints with the IACHR. The petition names, as its alleged victims, individuals with respect to
whom the State had agreed to respect and ensure the rights enshrined in the American
Convention. As regards the State, the Commission notes that El Salvador has been a state party to
the American Convention since June 23, 1978, the date on which it deposited its instrument of
ratification. The Commission therefore has competence ratione personae to examine the
complaint. The Commission has also competence ratione loci to deal with the petition since it
alleges violations of rights protected by the American Convention occurring within the territory of
El Salvador, which is a state party to that treaty.
27.
The Commission has competence ratione temporis since the obligation of
respecting and ensuring the rights protected by the American Convention was already in force for
the State on the date on which the incidents described in the petition allegedly occurred. Finally,
the Commission has competence ratione materiae since the petition describes possible violations
of human rights that are protected by the American Convention.
B.
Exhaustion of domestic remedies
28.
Article 46.1.a of the American Convention states that, for a complaint lodged with
the Inter-American Commission to be admissible under Article 44 of the Convention, the remedies
available under domestic law must have first been pursued and exhausted in accordance with
6
The State bases this argument on Article 711 of the aforesaid Code of Criminal Procedure, which provides: “The
provisions of civil procedure shall apply to criminal procedure in all matters not expressly regulated by this Code and not
opposed to the doctrine on which it is based.”