8
13. Additional evidence. On May 28, 2014, the State forwarded a “[c]ertification of judicial actions
carried out by the Justice of the Peace of Meanguera, in the Department of Morazán, in relation to
the child Emelinda Lorena Hernández.” The President granted a period of time to submit
observations. The Commission forwarded its observations on June 17, 2014, but no observations
were received from the representatives. On September 26, 2014, following the instructions of the
President of the Court and under the terms of Article 58(b) of its Rules of Procedure, the State was
asked to forward, at the latest by October 7, 2014, a report of the Office of the Attorney General of
the Republic or, if applicable, of the relevant public prosecutors’ offices, concerning the criminal
investigations supposedly opened in 2009 into the forced disappearances of Santos Ernesto Salinas
(Case File 908-UDV-2009 or 908-UDVSV-2009 at the Public Prosecutor’s Office of San Vicente),
Manuel Antonio Bonilla and Ricardo Abarca Ayala (Case File 909-UDV-2009 at the Public Prosecutor’s
Office of San Vicente), and Emelinda Lorena Hernández (Case File 908-UDVFM-2009 or 908-UDV2009 at the Public Prosecutor’s Office of San Francisco Gotera), describing how the investigations
were initiated, the actions carried out and their current procedural status. In his order, the President
also requested that a copy of those files or of the relevant procedural actions be forwarded for
inclusion in the body of evidence in the instant case. On October 8, 2014, the State requested a 15day extension to submit that information. However, given the imminence of the period of sessions,
and in light of the State’s acknowledgement of responsibility as well as scope of the factual context
of the merits report (infra para. 144), the Court did not consider it pertinent to grant the extension
requested.
14. Disbursements in application of the Assistance Fund. On May 14, 2014, following the
instructions of the President, the Secretariat forwarded information to the State on the disbursements
made in application of the Victims’ Legal Assistance Fund in this case and, pursuant to Article 5 of
the Court’s Rules on the Operation of the Fund, granted the State a period of time to submit any
observations deemed pertinent. The State presented its observations on May 28, 2014.
III
JURISDICTION
15.
The Inter-American Court is competent to hear this case under the terms of Article 62(3) of
the Convention, given that El Salvador has been a State Party to the American Convention since June
23, 1978, and accepted the Court’s compulsory jurisdiction on June 6, 1995.
16.
The representatives held that the instant case offers a new opportunity for the Court to “finally
invalidate the clause containing the temporal limitation ratione temporis that the State of El Salvador
included in its acceptance of the Court’s contentious jurisdiction.”
17.
Although its declaration of acceptance of the Inter-American Court’s jurisdiction includes a
temporal restriction,12 in the instant case, the State of El Salvador, in keeping with its
The instrument through which El Salvador recognized the Court’s contentious jurisdiction includes a time limit with
respect to cases that may be submitted to the Court, in the following terms:
12
The Government of El Salvador accepts as binding, ipso facto, and not requiring special agreement, the jurisdiction
of the Inter-American Court of Human Rights, in accordance with Article 62 of the American Convention on Human
Rights, or the “Pact of San José.”
Upon accepting this jurisdiction, the Government of El Salvador places on the record that its acceptance is for an
indefinite period and under conditions of reciprocity, and with the reservation that the cases in which jurisdiction is
acknowledged refer solely and exclusively to subsequent facts or juridical acts, or facts or judicial acts that begun
after the date on which the Declaration of Acceptance was deposited, […].
Cf. Declaration of recognition of the contentious jurisdiction of the Inter-American Court of Human Rights, submitted
to the Secretary General of the OAS on June 6, 1995.