4 I INTRODUCTION OF THE CASE AND PURPOSE OF THE DISPUTE 1. The case submitted to the Court. On March 21, 2013, the Inter-American Commission on Human Rights (hereinafter “the Inter-American Commission” or “the Commission”) submitted to the jurisdiction of the Court a brief (hereinafter “submission brief”) in the case of “Rochac Hernández and others” against the Republic of El Salvador (hereinafter “the State” or “El Salvador”). The case refers to: a) the alleged forced disappearance of the boys José Adrián Rochac Hernández, Santos Ernesto Salinas, Manuel Antonio Bonilla and Ricardo Abarca Ayala 1, and of the girl Emelinda Lorena Hernández, between 1980 and 1982, in similar circumstances, namely: in the context of the internal armed conflict, following so-called “counterinsurgency” military operations, and having been seen for the last time with members of the armed forces, who had abducted them and supposedly determined their fate; and b) the State’s alleged failure to conduct a serious and diligent investigation, within a reasonable period, into the alleged forced disappearance of the presumed victims as a mechanism to guarantee their rights, and to ensure the right to truth, justice and reparation of their next of kin; consequently, the fate or whereabouts of the presumed victims has not been established and the facts remain in impunity. 2. Proceedings before the Commission. The proceedings before the Commission were as follows: a) Petitions. On September 11, 2003, the Search Association for Disappeared Children (Asociación Pro-Búsqueda de Niñas y Niños Desaparecidos) (hereinafter “the representatives of the presumed victims” or “the representatives”) submitted to the Commission petition number 731-03 for the alleged forced disappearance of the boy José Adrián Rochac Hernández; petition number 732-03 for the alleged forced disappearance of the girl Emelinda Lorena Hernández; and petition number 733-03 for the alleged forced disappearance of the boy Santos Ernesto Salinas. Subsequently, on December 8, 2003, the Search Association submitted to the Commission petition number 1072-03 for the alleged forced disappearance of the boys Manuel Antonio Bonilla and Ricardo Abarca Ayala. b) Reports on Admissibility. On October 21, 2006, the Commission approved the Report on Admissibility No. 90/06, in which it concluded that petition 731-03, concerning the child José Adrián Rochac Hernández, was admissible.2 On March 5, 2008, the Commission approved the Report on Admissibility No. 11/08, which concluded that petition 732-03, concerning the child Emelinda Lorena Hernández, was admissible. 3 On March 5, 2008, the Commission approved Report on Admissibility No. 10/08, which concluded that petition 733-03, concerning the child Although in the different national and international proceedings Ricardo has generally been referred to with the surnames “Ayala Abarca,” for the purposes of this judgment the surnames “Abarca Ayala” will be used, since his first surname on his birth certificate is Abarca. Cf. Birth certificate of Ricardo Abarca Ayala issued by the Family Status Registry of the Municipal Office of Villa de San Esteban Catarina (evidence file, volume IV, annex 23 to the submission of the case, folio 2011). 1 The Commission decided to admit the petition inasmuch as it refers to the alleged violation of the rights protected under Articles 11, 4, 5, 7, 8, 17, 18, 19 and 25 of the American Convention (file of proceedings before the Commission, volume III, folios 1235 to 1248). 2 The Commission decided to: a) declare admissible the petition related to Articles 5, 7, 8, 17, 19 and 25, pursuant to Article 1(1) of the American Convention; b) declare admissible, according to the principle of iura novit curia, the petition related to Articles 3 and 4 of the American Convention in relation to Articles 1(1) and 2 thereof, and c) declare admissible the petition related to Article 18 of the American Convention (file of proceedings before the Commission, volume I, folios 374 to 385). 3