49
150. The Court finds that the investigations conducted have not taken into account the context of
the facts, their complexity, the patterns that explain how they were perpetrated, the complex network
of people involved, or the special position within the State structure, at that time, of the individuals
who could be responsible. On this point, the Court has found that in events such as those alleged in
this case, given their context and complexity, it is reasonable to consider that there are different
degrees of responsibility at different levels.252 However, this is not reflected in the investigations.
Consequently, the authorities in charge of the investigations do not appear to have followed clear and
logical lines of investigation that would have taken those elements into account. Furthermore, obvious
omissions can be observed in the gathering of evidence. Thus, the Court considers that the State has
not acted diligently with respect to this obligation.
151. As to the steps taken to determine the possible whereabouts of the disappeared victims,
although certain actions were carried out by the National Search Commission and some procedures
were carried out by the Attorney General’s Office, the State has not provided any information to show
that it has exhausted all possible efforts to determine the whereabouts of the victims, according to
the set of possible effective procedures in response to the modus operandi concerning the
disappearance of children during the armed conflict, which were specified in the Case of Contreras et
al.253 The Court notes that, parallel to the investigations carried out by those in charge of the criminal
prosecution, the National Search Commission is currently conducting inquiries in the context of its
powers to determine the whereabouts of the disappeared victims (supra para. 60). From the evidence
in the file, the Court infers that there is a lack of coordination between these two State bodies, which
is required to achieve greater efficacy in the investigations.
152. The Court finds that the situation confirmed in this case coincides with what was determined
opportunely with respect to the investigations conducted in the cases of the Serrano Cruz Sisters and
Contreras et al., in which the investigative authority failed to take diligent and exhaustive measures
to gather evidence, creating a situation of impunity.254
153. For its part, based on its experience in these cases, the Search Association has identified (supra
para. 49), the following obstacles that cut across the investigations related to disappeared children:
a) failure to carry out procedures such as interviews with key witnesses identified from the start of
the investigations; b) no requests for information have been made or investigative powers used to
require State institutions to provide relevant information in their power; c) rotation of assistant
prosecutors, which hinders the continuity of the proceedings and a clear investigation strategy.255
154. The Court finds that, in the cases it has examined, there has not been a serious and decisive
investigation strategy leading to the identification and prosecution of the presumed perpetrators. On
this point, in cases such as this, the Court has considered that the authorities in charge of the
investigation have an obligation to ensure that in the course of their inquiries they assess the
252
194.
253
Cf. Case of Radilla Pacheco v. Mexico, supra, para. 203, and Case of Osorio Rivera and Family v. Peru, supra, para.
Cf. Case of Contreras et al. v. El Salvador, supra, para. 152.
Cf. Case of the Serrano Cruz Sisters v. El Salvador. Merits, reparations and costs, supra, paras. 89 to 98 and 105 to
106, and Case of Contreras et al. v. El Salvador, supra, paras. 147 to 155 and 168 to 169.
254
Cf. Letter of the Asociación Pro-Búsqueda addressed to the Attorney General of the Republic on February 22, 2013
(evidence file, volume V, annex 12 to the pleadings, motions and evidence brief, folios 2312 to 2313). See also, Letter of the
Asociación Pro-Búsqueda addressed to the Commission of Justice and Human Rights of the Legislative Assembly, dated
December 3, 2010 (evidence file, volume V, annex 33 to the pleadings, motions and evidence brief, folios 2451 to 2467).
255