22
1996, the Search Association forwarded to the Office of the Human Rights Ombudsman (Procuraduría
para los Derechos Humanos) a list of several complaints submitted by the families of disappeared
children, including one related to the disappearance of José Adrián Rochac Hernández. 71
57.
On April 12, 2002, Alfonso Hernández Herrera, father of José Adrián Rochac Hernández, filed
a formal complaint for the disappearance of his son with the Unit for Crimes against Women and
Children, at the Soyapango Sub-Regional Office of the Attorney General’s Office of the Republic.72 The
prosecutor opened an investigation, which is currently ongoing at the Soyapango Office (infra paras.
145 to 147).
58.
On October 16, 2002, Alfonso Hernández Herrera filed a writ of habeas corpus before the
Constitutional Chamber of the Supreme Court for the disappearance of his son José Adrián Rochac
Hernández.73 Together with his brief, he provided the birth certificate of José Adrián Rochac Hernández
and offered as evidence the statements of two witnesses.74 The executing judge in charge of the
proceeding indicated that “[…] the books and records kept by the respondent institutions do not
include any related annotations or information regarding the possible restriction or deprivation of the
child’s liberty […]” and that “it was determined that the minor is not deprived of his liberty in any of
the grounds of the military units of the Ministry of Defense and Head of the Joint Chiefs of Staff of the
Armed Forces.”75 On March 3, 2003, the Constitutional Chamber of the Supreme Court dismissed the
writ of habeas corpus, arguing that “for this Chamber to issue a decision on the merits of the matter
raised, it requires a minimum of elements in order to establish a degree of probability regarding the
existence of the restriction of the right of physical liberty.”76
59.
On February 22, 2013, the Search Association requested a meeting with the Attorney General
of the Republic to express its concern over the fact that cases related to the disappearance of children
had stalled in the different prosecutors’ offices, including the case of José Adrián Rochac Hernández.77
60.
The State indicated that the National Commission to Search for Disappeared Children during
the Internal Armed Conflict78 “has made various efforts, including field investigations and a review of
records and documents in public and private institutions, and to date it has some specific leads on a
Cf. Telefax issued by the Asociación Pro-Búsqueda addressed to the Office of the Human Rights Ombudsman on May
31, 1996 (evidence file, volume IV, annex 7 to the submission of the case, folio 1875), and list of cases submitted by the
Search Association to the Office of the Human Rights Ombudsman on May 31, 1996 (file of proceedings before the Commission,
volume II, folios 982 to 985).
71
Cf. Complaint presented to the Unit of Crimes against Women and Children of the Office of the Attorney General of the
Republic by Alfonso Hernández Herrera on April 12, 2002 (evidence file, volume V, annex 8 to the pleadings, motions and
evidence brief, folios 2268 to 2270).
72
Cf. Writ of habeas corpus before the Constitutional Chamber of the Supreme Court presented by Alfonso Hernández
Herrera on October 16, 2002 (evidence file, volume IV, annex 11 to the submission of the case, folios 1890 to 1893).
73
Cf. Writ of habeas corpus before the Constitutional Chamber of the Supreme Court presented by Alfonso Hernández
Herrera on October 16, 2002 (evidence file, volume IV, annex 11 to the submission of the case, folios 1890 to 1893).
74
75
Decision issued by the Constitutional Chamber of the Supreme Court in the habeas corpus proceeding No. 216-2002
on March 3, 2003 (evidence file, volume V, annex 11 to the pleadings, motions and evidence brief, folios 2308 to 2310).
Decision issued by the Constitutional Chamber of the Supreme Court in the habeas corpus proceeding No. 216-2002
on March 3, 2003 (evidence file, volume V, annex 11 to the pleadings, motions and evidence brief, folios 2308 to 2310).
76
Cf. Letter from the Asociación Pro-Búsqueda to the Attorney General of the Republic of February 22, 2013 (evidence
file, volume V, annex 12 to the pleadings, motions and evidence brief, folios 2312 to 2313).
77
The Commission was created through Executive Decree No. 5, published in the Official Gazette on January 18, 2010;
its primary purpose is to “investigate and determine the whereabouts and situation of the children who disappeared during
the internal armed conflict in El Salvador and promote their reunification with their family of origin in a context of respect for
the dignity of the victims.”
78