10
arguments presented during the public hearing […], it acknowledged and accepted the facts alleged
by the Inter-American Commission on Human Rights in relation [to the] instant case.”
20.
With regard to the alleged human rights violations described in the briefs of the Commission
and the representatives, the State did not comment explicitly in its answer. However, during the
public hearing it declared that “regarding the legal claims, the State accepts the conclusions reached
by the Inter-American Commission on Human Rights in its merits report, both in relation to the
violations established to the detriment of the disappeared children and to the detriment of the next
of kin identified in that report.” Similarly, in its final arguments, the State acknowledged and accepted
“the conclusions contained in the merits report, issued by [the] Commission, regarding the violations
established to the detriment of the disappeared children and their next of kin identified in that report.”
21.
With respect to the reparations, in its answer brief the State expressed its willingness to
“implement measures of reparation for the victims in this case, as recommended by the […]
Commission […] in its merits report.” In order to accomplish this, the State expressed its intention
to: (i) hold a dialogue with the victims and their representatives for the purpose of agreeing on the
adoption and implementation of a set of comprehensive measures of reparation; (ii) make progress
on measures such as the provision of medical and psychological assistance for the victims, the creation
of a garden-museum dedicated to disappeared children, a public act of acknowledgement of
international responsibility, the designation of a school with the names of the children in the instant
case, and any other measure requested and agreed upon between the State, the victims and their
representatives; (iii) adopt the measures necessary to ensure the continuity of the National Search
Commission for Disappeared Children during the Internal Armed Conflict, and (iv) make all the
necessary efforts to investigate the whereabouts of the children and implement procedures to help
them recover their identity in the event of being found again. During the public hearing, the State
reiterated its willingness to comply with the reparations. In its final arguments, the State explicitly
expressed its “firm commitment to move forward with the actions necessary to ensure the victims full
enjoyment of their rights, and particularly to achieve the greatest aspiration of all the next of kin,
namely, the location of their disappeared children.” The State also reiterated its comments concerning
the reparations and its commitment to make progress in their implementation. In relation to the costs
and expenses requested by the representatives, the State indicated that “the amount […] exceeds
the standard of the precedents established by [the] Court.”
22.
Likewise, it is noteworthy that in the course of the public hearing the State made the following
statement:
[…] the State of El Salvador […] wishes to declare before this […] Court its full recognition of the dignity of
the victims in this case and their families. The State expresses to all the next of kin of the children Santos
Ernesto Salinas, José Adrián Rochac Hernández, Emelinda [Lorena] Hernández, Manuel Antonio Bonilla and
Ricardo [Abarca Ayala] a sincere apology, because in the past the State denied the existence of these events
that formed part of a pattern of violence that took place in El Salvador during the armed conflict between
1980 and 1991, especially in those areas that were most affected by armed combat and military operations,
which even today is the cause of profound suffering for many families. In particular, the State recognizes how
difficult it is for the victims to express the pain of their memories before this […] Court, and therefore highlights
the strength that all the next of kin have maintained for many years during the search for their disappeared
children. Their struggle has been accompanied by the Search Association for Disappeared Children which, in
the course of these years, has elucidated hundreds of cases and has assisted many families as part of an
effort that has its origins in the admirable humanitarian work carried out by the priest Jon Cortina. As stated
in the answer brief […], the State has acknowledged the facts that are the subject of this hearing; furthermore,
it has acknowledged its obligation to guarantee the rights corresponding to the victims in this case. Therefore,
the State wishes to take this opportunity to express to the victims of this case its solidarity, but also to express
its firm commitment to make progress in any actions that may be necessary for their full enjoyment of the
rights to which they are entitled as victims [, particularly to achieve the greatest aspiration of all the next of
kin, namely, the localization of their disappeared children].