4
I
INTRODUCTION OF THE CASE AND PURPOSE OF THE DISPUTE
1.
On June 28, 2010, the Inter-American Commission on Human Rights (hereinafter
“the Inter-American Commission” or “the Commission”) lodged an application before the
Court against the Republic of El Salvador (hereinafter “the State” or “El Salvador”)
concerning cases 12,494, 12,517 and 12,518, in accordance with Articles 51 and 61 of the
Convention. The initial petitions were submitted to the Commission on November 16, 2001,
by the Asociación Pro-Búsqueda de Niños y Niñas Desaparecidos [Association for the Search
for Disappeared Children] (hereinafter “the Search Association”) and the Center for Justice
and International Law (hereinafter “CEJIL”) with regard to Ana Julia and Carmelina Mejía
Ramírez and José Rubén Rivera; and on September 4, 2003, by the Search Association with
regard to Gregoria Herminia, Serapio Cristian and Julia Inés Contreras. The Commission
declared the petitions admissible in Admissibility Reports Nos. 11/05 of February 23, 2005,
56/05 of October 12, 2005, and 53/05 of October 12, 2005. On March 3, 2009, the
Commission ruled to combine the three cases1 and on September 8, 2009, it approved
Report on the Merits No. 95/092 under Article 50 of the Convention. On September 28,
2009, the State was notified of the said report and granted two months to provide
information on the measures taken to comply with the Commission’s recommendations.
After granting two extensions and in view of the State’s failure to submit information, the
Commission decided to submit this case to the jurisdiction of the Court. The Commission
appointed Paulo Sérgio Pinheiro, Commissioner, and Santiago A. Canton, Executive
Secretary, as its delegates, and Elizabeth Abi-Mershed, Deputy Executive Secretary, and
Isabel Madariaga and Silvia Serrano Guzmán, lawyers with the Executive Secretariat, as
legal advisors.
2.
The application relates to the alleged forced disappearance between 1981 and 1983
of Gregoria Herminia, Serapio Cristian and Julia Inés Contreras, Ana Julia and Carmelina
Mejía Ramírez, and José Rubén Rivera Rivera, who were all children at the time, perpetrated
by members of different military units in the context of “counterinsurgency operations”
during the armed conflict in El Salvador. The whereabouts of Gregoria Herminia Contreras
were established in 2006, and she is “in the process of reconstructing her identity and
relationship with her biological family.” According to the Commission, “[t]he circumstances
surrounding the six [alleged] disappearances have still not been clarified; those responsible
have not been identified or punished and, in brief, after almost 30 years, the facts remain in
impunity.”
3.
The Commission asked the Court to declare the State of El Salvador responsible for
violation of Articles 3 (Right to Juridical Personality), 4 (Right to Life), 5 (Right to Humane
Treatment), 7 (Right to Personal Liberty), 17 (Rights of the Family), 18 (Right to a Name),
19 (Rights of the Child), 8 (Right to a Fair Trial) and 25 (Right to Judicial Protection), all with
regard to the obligations established in Article 1(1) of the American Convention, to the
detriment of Gregoria Herminia, Serapio Cristian and Julia Inés Contreras, Ana Julia and
1
To this end, it found that “[t]he cases in question relate to the same period of internal conflict in El
Salvador and involve similar alleged facts.” Cf. Notes of the Executive Secretariat of the Inter-American Commission
dated March 3, 2009 (evidence file, volume I, attachment 3 to the application, folios 679 and 681).
2
In that report, the Commission concluded that the Salvadoran State was responsible for violation of
Articles 3 (Right to Juridical Personality), 4 (Right to Life), 5 (Right to Humane Treatment), 7 (Right to Personal
Liberty), 8 (Right to a Fair Trial), 17 (Rights of the Family), 18 (Right to a Name), 19 (Rights of the Child) and 25
(Right to Judicial Protection) of the American Convention, in relation to Article 1(1) thereof. Cf. Report on
Admissibility No. 95/09 issued by the Inter-American Commission on Human Rights on September 8, 2009
(evidence file, volume I, attachment 2 to the application, folio 101).