33
rights violations and when children are involved, as in this case, given that the illegal
removal of their biological parents also jeopardizes the life, survival and development of the
children,125 the latter understood in its broadest sense to include its physical, mental,
spiritual, moral, psychological, and social aspects.126 In the same way, the Court has
established that the lack of an investigation into what happened represents a breach of the
State’s obligation to guarantee to all persons subject to its jurisdiction the inviolability of life
and the right not to be deprived of life arbitrarily, which includes the reasonable prevention
of situations that could result in the suppression of that right.127
91
Based on the rights established and the acknowledgement of State responsibility, it
has been proved that State agents, specifically, members of the Salvadoran Armed Forces,
illegally abducted and held Ana Julia Mejía Ramírez, Carmelina Mejía Ramírez, Gregoria
Herminia Contreras, Julia Inés Contreras, Serapio Cristian Contreras, and José Rubén Rivera
Rivera, as of December 13, 1981, August 25, 1982, and May 18, 1983, respectively, in the
course of different counterinsurgency operations during the armed conflict in El Salvador. In
addition, it has been proved that a soldier who took Gregoria Herminia Contreras registered
her as part of his family.
92
Because the subsequent whereabouts or fate of Ana Julia Mejía Ramírez, Carmelina
Mejía Ramírez, Julia Inés Contreras, Serapio Cristian Contreras and José Rubén Rivera
Rivera are still unknown, the Court finds that they are still subject to forced disappearance.
In the case of Gregoria Herminia Contreras, who was located in 2006, her situation must
also be categorized as a forced disappearance that ceased when her identity was
determined.
93.
Consequently, the State is responsible for the forced disappearance of Ana Julia Mejía
Ramírez, Carmelina Mejía Ramírez, Gregoria Herminia Contreras, Julia Inés Contreras,
Serapio Cristian Contreras and José Rubén Rivera Rivera and the resulting violation of the
rights recognized in Articles 7, 5(1), 4(1) and 3 of the American Convention, in relation to
Article 1(1) thereof.
94.
The Inter-American Court underscores the seriousness of the facts sub judice that
took place between 1981 and 1983 in the context of the most brutal phase of the armed
conflict in El Salvador (supra paras. 48 to 50). Evidently, the disappearances of Ana Julia
Mejía Ramírez, Carmelina Mejía Ramírez, Gregoria Herminia Contreras, Julia Inés Contreras,
Serapio Cristian Contreras and José Rubén Rivera Rivera were not isolated incidents, but
formed part of the systematic pattern of forced disappearance of children by the State that
has been verified during the armed conflict in El Salvador. And the State has acknowledged
this (supra para. 17).
E. The right to personal integrity of Gregoria Herminia Contreras
95.
In the application the Commission stated that, “[a]ccording to the information
provided by Gregoria Herminia, she was subjected to different kinds of physical and mental
abuse and forced to perform domestic tasks,” which proves that “her right to personal
integrity continued to be violated for many years and […] persists to this day.” Similarly, the
125
Cf. Case of Gelman, supra note 16, para. 130.
126
Cf. United Nations, Committee on the Rights of the Child, General Comment No. 5, General measures of
implementation for the Convention on the Rights of the Child (Articles 4, 42 and 44(6)), CRC/GC/2003/5, of 27
November, 2003, para. 12.
127
Cf. Case of Velásquez Rodríguez, supra note 23, para. 188; Case of Gomes Lund et al. (Guerrilha do
Araguaia), supra note 97, para. 122, and Case of Chitay Nech et al., supra note 98, para. 96.
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