68
192. In the event that any of the victims are found alive following the steps taken by the
State, the State must assume the expenses of identifying them using reliable methods, of
the reunion, and of the necessary psychosocial care; it must provide a means of reestablishing their identity and make the efforts required to facilitate family reunification,
should they so wish. If the victims are found to be deceased, their previously identified
remains must be returned to the next of kin as soon as possible and without cost. Also, the
State must cover the funeral expenses, as appropriate, in accordance with the wishes of the
next of kin.288
C.
Measures of restitution, rehabilitation and satisfaction, and guarantees of
non-repetition
1.
Restitution
a)
Recovery of the identity of Gregoria Herminia Contreras
193. The representatives argued that the State should assume the expenses generated to
recover the identity of Gregoria Herminia, including “the measures necessary to guarantee
her return to her country, the provision [of] psychological support that is adequate for her
needs, and the measures necessary for the recovery of her original name,” as well as “the
correction of those documents in which she appears with the surname Molina.” In addition,
they advised that they had already been in conversations with the State in this regard. The
Commission also indicated that the State should take “the measures required for the
recovery of the identity of Gregoria Herminia Contreras, including the immediate elimination
of the surname Molina for both herself and her children.” The State considered that this
would require six months, during which a proceeding before the corresponding judicial
authority could be carried out to define the specific situation of Gregoria Herminia’s identity.
Regarding her children, who were born in the Republic of Guatemala, the Salvadoran State
expressed its willingness to pursue domestic proceedings and send a letter, through its
diplomatic representatives, to facilitate any measures that must be taken. Regarding the
return of Gregoria Herminia to El Salvador, this is pending reception of a proposal from the
representatives for its evaluation and the pertinent measures that the State must take.
194. The Court established the State’s international responsibility for altering the identity
of Gregoria Herminia Contreras (supra para. 117). During the public hearing, she testified
that “my name is now Gregoria de Jesús Molina and I would like to be able to have my real
name with my real surnames.” She also stated, “I have children and they also have the
surname Molina. I’m married, and I got married as Gregoria Molina, so it will be quite a
problem [to recover my identity].”289 In this regard, expert witness María Sol Yáñez stressed
that, in her rehabilitation, it was very important and necessary for Gregoria Herminia to
have her real name.290
195. In order to contribute to making reparation to Gregoria Herminia Contreras, the
Court orders the State to take all adequate and necessary measures to restore the identity
of Gregoria Herminia Contreras, including the name and surnames given to her by her
biological parents, as well as her other personal data, including the correction of all the State
288
Cf. Case of Anzualdo Castro, supra note 109, para. 185; Case of Gomes Lund et al. (Guerrilha do
Araguaia), supra note 97, para. 262, and Case of Ibsen Cárdenas and Ibsen Peña, supra note 100, para. 242.
289
Testimony given by Gregoria Herminia Contreras before the Inter-American Court during the public hearing
held on May 17, 2011.
290
Cf. Expert opinion provided by María Sol Yáñez de la Cruz before the Inter-American Court during the
public hearing held on May 17, 2011.
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