5
Santos Ernesto Salinas, was admissible.4 On July 25, 2008, the Commission approved Report
on Admissibility No. 66/08, which concluded that petition 1072-03, concerning the children
Manuel Antonio Bonilla and Ricardo Abarca Ayala, was admissible.5
c)
Joinder of the cases. On April 9, 2010, the Commission decided to join cases 12.646
(Santos Ernesto Salinas), 12.647 (Emelinda Lorena Hernández) and 12.667 (Manuel Antonio
Bonilla and Ricardo Abarca Ayala) to case 12.577 (José Adrián Rochac Hernández), given that
“they concern similar facts and reveal the same pattern of conduct.”
d)
Merits report. On November 7, 2012, the Commission approved the Report on Merits No.
75/12, pursuant to Article 50 of the Convention (hereinafter also “Merits Report” or “Report No.
75/12”), in which it reached a number of conclusions and made several recommendations to
the State:
a.
b.
Conclusions. The Commission concluded that the State of El Salvador was responsible
for the violation of the following rights:
i.
rights to recognition of juridical personality, to life, to humane treatment, to personal liberty, to
judicial guarantees, to the protection of the family, to special protection for children and to judicial
protection, established in Articles 3, 4, 5, 7, 8, 17, 19 and 25 of the American Convention, in relation
to the obligations established in Article 1(1) thereof, to the detriment of José Adrián Rochac
Hernández, Santos Ernesto Salinas, Emelinda Lorena Hernández, Manuel Antonio Bonilla and Ricardo
[Abarca Ayala], and
ii.
rights to humane treatment, to protection of the family, to judicial guarantees and judicial protection,
established in Articles 5, 17, 8 and 25 of the American Convention, in relation to the obligations
established in Article 1(1) thereof, to the detriment of the next of kin.
Recommendations. Consequently,
recommendations to the State:
the
Commission
made
a
number
of
i.
Conduct a thorough, impartial and effective investigation into the fate or whereabouts of José Adrián
Rochac Hernández, Santos Ernesto Salinas, Emelinda Lorena Hernández, Manuel Antonio Bonilla and
Ricardo [Abarca Ayala] and, if they are found, make the necessary efforts to ensure family
reunification. If it is established that any of them is not alive, take the measures necessary to deliver
their remains to their next of kin [;]
ii.
Conduct a thorough, impartial and effective investigation into the facts to determine the responsibility
and to punish all the perpetrators of the human rights violations to the detriment of the victims in
the instant case, including the investigations necessary to determine the responsibility and punish
the persons who participated in covering up the facts and in the denial of justice[;]
iii.
Make adequate reparation to the victims of the instant case, including both the pecuniary and the
non-pecuniary aspect [;]
iv.
Adopt the measures necessary for ensuring the effectiveness and permanence for the time necessary
of the Search Commission, the search webpage, and the genetic information system being
implemented within the framework of what was ordered by the Inter-American Court of Human Rights
in the judgment in the case of the Serrano Cruz Sisters. In particular, ensure that these measures
are established through legal mechanisms that provide legal certainty in its functioning and sufficient
budget, and
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, in accordance with 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 inadmissible
the petition related to Article 18 of the American Convention (file of proceedings before the Commission, volume I, folios 62
to 71).
4
The Commission decided to: a) declare admissible the petition related to Articles 5, 7, 8, 17, 19 and 25 in relation to
Article 1(1) of the American Convention; b) declare admissible, by virtue of 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 inadmissible the
petition related to Article 18 of the American Convention (file of proceedings before the Commission, volume II, folios 884 to
897).
5