7
to have recourse to the Victims’ Legal Assistance Fund of the Court, and granted the necessary
financial assistance for the presentation of a maximum of five statements, either by affidavit or at a
public hearing.7
8.
Observations on the acknowledgment of international responsibility by the State. On December
16, 2013 the Commission and the representatives presented their observations on the State’s
acknowledgement of responsibility.
9.
Evidence to facilitate adjudication of the case. On January 10, 2014 the State forwarded the
“complete documentation of the Case File 321-UMM-D-02”, as requested by the President pursuant
to Article 58(b) of the Rules, in notes from the Secretariat dated September 12 and November 15,
2013.
10. Public hearing and evidence. In his order of March 3, 20148, the President summoned the
parties and the Commission to a public hearing to receive their final oral arguments and observations
on the merits and possible reparations and costs in this case, respectively, at the conclusion of the
statements and expert opinions. The public hearing was held on April 1, 2014, during the 50 th Special
Period of Sessions, which took place at the seat of the Court.9 During the hearing, certain information
and documentation was requested.10 Subsequently, the Court asked the Commission and the
representatives, respectively, to forward copies of the identity documents and, for those deceased,
copies of the respective death certificates of the next of kin alleged as presumed victims in this case.
11. Arguments and final written observations. On May 2, 2014, the State and the representatives
forwarded their final written arguments, together with the evidence requested, 11 and the Commission
presented its final written observations.
12. Observations of the representatives and the State. The President granted the parties and the
Commission a period of time to submit their observations to the annexes to the final written
arguments presented by the State and by the representatives. On May 28, 2014, the parties
presented their respective observations and the Commission stated that it had “no observations to
make” to the annexes to the final written arguments of the parties.
Cf. Rochac Hernández et al. v. El Salvador. Order of the President of the Inter-American Court of December 12, 2013.
Available at: http://www.corteidh.or.cr/docs/asuntos/rochac_fv_13.pdf
7
Cf. Rochac Hernández et al. v. El Salvador. Order of the President of the Inter-American Court of March 3, 2014.
Available at: http://www.corteidh.or.cr/docs/asuntos/rochac_03_03_14.pdf
8
The hearing was attended by the following: a) for the Inter-American Commission: Silvia Serrano Guzmán and Erick
Acuña Pereda, lawyers of the Executive Secretariat; b) for the representatives of the presumed victims: Mirla Guadalupe
Carbajal Amaya, General Coordinator of the Search Association, Doris Lissette Alvarado Campos and José Roberto Rugamas
Morán, attorneys and c) for the State of El Salvador: Ambassador Sebastián Vaquerano López, Agent of the State, Tania
Camila Rosa, Director General of Human Rights of the Ministry of Foreign Relations and Agent of the State, and Gloria Evelyn
Martínez Ramos, Director of International Protection Systems of the Ministry of Foreign Relations.
9
The Court requested information and, where appropriate, supporting documentation, concerning: the actions
undertaken both by the Interinstitutional Commission and the current National Search Commission in relation to the five
presumed victims in this case; the legislative bill on the operation of the National Search Commission; developments related
to the decision to apply or not apply the General Amnesty Law for the Consolidation of Peace in order to limit the investigations
arising from the judgment delivered by the Inter-American Court in the case of the Massacres of El Mozote and nearby places;
and the request made to declassify or hand over information from the so-called “military archives”.
10
The State forwarded the following evidence: Annex 1: Antiguo Cuscatlán, El Salvador, May 2, 2014. Draft Legislative
Decree of the National Search Commission of Children Disappeared during the Internal Armed Conflict (Comisión Nacional de
Búsqueda de Niñas y Niños Desaparecidos durante el Conflicto Armado Interno). Annex 2: Executive Decree No. 18, dated
February 19, 2014, published in the Official Gazette, Volume No. 402, number 51, of March 17, 2014, which extends the term
of action of the National Search Commission to Search for Children who Disappeared during the Internal Armed Conflict. The
representatives forwarded various documents related to the General Amnesty Law for the Consolidation of Peace, as well as
identity documents and death certificates of family members.
11