64
reparation,280 in order to establish measures to repair the harm caused to the victims.
A.
Injured Party
181. The Court reiterates that, according to the provisions of Article 63(1) of the
Convention, those who have been declared a victim of the violation of any right embodied in
the Convention are considered injured parties. Therefore, this Court considers that the
following are “injured parties”: Gregoria Herminia Contreras, Serapio Cristian Contreras,
Julia Inés Contreras, Ana Julia Mejía Ramírez, Carmelina Mejía Ramírez, José Rubén Rivera
Rivera, María Maura Contreras, Fermín Recinos, Julia Gregoria Recinos Contreras, Marta
Daysi Leiva, Nelson Contreras, Rubén de Jesús López Contreras, Sara Margarita López
Contreras, Santos Antonio López Contreras, Arcadia Ramírez Portillo, Avenicio Portillo, María
Nely Portillo, Santos Verónica Portillo, Reina Dionila Portillo de Silva, Margarita de Dolores
Rivera de Rivera, Agustín Antonio Rivera Gálvez, Juan Carlos Rivera, Agustín Antonio Rivera,
José Daniel Rivera Rivera, Milton Rivera Rivera, Irma Cecilia Rivera Rivera and Cándida
Marisol Rivera Rivera. The foregoing, as victims of the violations declared in Chapters VII
and VIII will be the beneficiaries of the reparations ordered below by the Court.
B.
Obligation to investigate the facts that resulted in the violations and to
identify, prosecute and, as appropriate, punish those responsible, as well as to
determine the whereabouts of the victims
1.
Investigation, identification, trial, and, as appropriate, punishment of all the
perpetrators and masterminds
182. Both the Commission and the representatives asked the Court to order the State to
carry out an impartial, diligent and effective investigation into the circumstances
surrounding the forced disappearances in this case in order to identify all the perpetrators,
participants, and masterminds, bring them to trial, and impose the corresponding
punishments. Additionally, the Commission requested that the State be required to carry out
the criminal, administrative and any other kind of investigations to establish the legal
consequences for the acts or omissions of State officials that contributed to the
concealment, the denial of justice, and the current impunity of the facts of the case, and the
representatives requested that those responsible for the obstruction of justice be
investigated. They also requested an investigation into those responsible for the illtreatment and rape suffered by Gregoria Herminia Contreras, as well as the facts related to
the alteration of her identity. In addition, the representatives asked that the State be
ordered to create a special investigation unit to clarify the forced disappearances of children
that occurred during the armed conflict “in order to establish a specialized agency to
facilitate the comprehensive investigation of the facts.” The State acknowledged its
obligation to investigate the facts denounced, to prosecute those responsible for the facts
through a fair trial, and to punish them once they had been identified and their criminal or
administrative responsibility determined. The State indicated its willingness to implement a
strategy allowing access, through cooperation, to the necessary technical capabilities in
forensic, anthropological, genetic and criminalistic investigation to investigate cases of
children disappeared during the internal armed conflict.
183. In Chapter VIII of this judgment, the Court declared the violation of the rights to
judicial guarantees and judicial protection because the domestic proceedings, taken as a
whole, have not constituted effective remedies to determine the fate or to discover the
280
Cf. Case of Velásquez Rodríguez, supra note 278, paras. 25 to 27; Case of Mejía Idrovo, supra note 19,
para. 127, and Case of Chocrón Chocrón, supra note 19, para. 144.
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