67
can learn about the facts that are the subject of this case, as well as those responsible.286
188. Furthermore, the State must open the pertinent investigations to elucidate,
determine the corresponding criminal responsibilities, and apply the punishments and
consequences provided for by law in relation to the appropriation of Gregoria Herminia
Contreras, as well as the alteration of her identity, and any other related illegal act.
2.
Determination of the whereabouts of Serapio Cristian Contreras, Julia Inés
Contreras, Ana Julia Mejía Ramírez, Carmelina Mejía Ramírez and José Rubén Rivera
Rivera
189. The Commission asked the Court to order the State to carry out an impartial, diligent
and effective investigation into the fate or whereabouts of Serapio Cristian and Julia Inés
Contreras, Ana Julia and Carmelina Mejía Ramírez and José Rubén Rivera and, in the event
that they are found, to order the re-establishment of their right to identity and to take the
necessary measures to ensure family reunification. Should it be found that any of them are
no longer alive, the State must adopt the measures necessary to return their remains to
their next of kin. The representatives asked the Court to order the Salvadoran State to carry
out a genuine search in which all possible efforts are made to determine the whereabouts of
the victims as soon as possible. They argued that, if it is determined that the victims are
alive, the State must assume the costs of the reunion and of providing adequate
psychosocial care. In the event that their remains are found, following DNA testing to
corroborate their identity, the State must return them to the next of kin as soon as possible
and assume the respective expenses. The State acknowledged its obligation to investigate
the fate or whereabouts of Serapio Cristian and Julia Inés Contreras, Ana Julia and
Carmelina Mejía Ramírez and José Rubén Rivera and to adopt measures to re-establish their
identity and facilitate family reunification through the National Search Commission. The
State confirmed that it would assume the expenses of family reunion and the necessary
psychosocial care and, if it is established that any of them are no longer alive, it would
assume the responsibility of finding their remains, recovering them, and returning them to
the next of kin.
190. In this case, it has been established that Serapio Cristian Contreras, Julia Inés
Contreras, Ana Julia Mejía Ramírez, Carmelina Mejía Ramírez and José Rubén Rivera Rivera
are still disappeared (supra para. 92). The Court underlines that the victims disappeared
approximately 30 years ago, so that it is a reasonable expectation of their next of kin that
their whereabouts be identified, which, in itself, constitutes a measure of reparation and,
therefore, gives rise to the corresponding obligation of the State to satisfy it.287
191. Consequently, the State must carry out a genuine search in which it makes every
possible effort to determine the whereabouts of Serapio Cristian Contreras, Julia Inés
Contreras, Ana Julia Mejía Ramírez, Carmelina Mejía Ramírez and José Rubén Rivera Rivera
as soon as possible. This should be done systematically and rigorously, with all the adequate
and appropriate human, technical and scientific resources and, if necessary, cooperation
should be requested from other States and international organizations. The said measures
must be reported to the next of kin and, where possible, their presence should be secured.
286
Cf. Case of El Caracazo, supra note 285, para. 118; Case of Gelman, supra note 16, para. 256, and Case
of Gomes Lund et al. (Guerrilha do Araguaia), supra note 97, para. 257.
287
Cf. Case of Neira Alegría et al. v. Peru. reparations and costs. Judgment of September 19, 1996. Series C
No. 29, para. 69; Case of Gelman, supra note 16, para. 258, and Case of Gomes Lund et al. (Guerrilha do
Araguaia), supra note 97, para. 261.
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