State to expedite the remaining steps, including those relating to diplomatic coordination to
rectify, promptly and duly, the marriage certificate of Gregoria Herminia Recinos Contreras
and the birth certificates of her children. Regarding the State’s obligation to guarantee the
return of Gregoria Herminia Recinos Contreras to El Salvador, the representatives expressed
their concern that the State was interpreting the Court’s decision erroneously. In this
regard, the representatives considered that the State must take into account that the
silkscreen workshop is the family’s only means of subsistence and, as such, they must be
ensured in El Salvador at least the same living conditions they have in the Republic of
Guatemala. In addition, they advised that the victim had appreciated the State’s proposal
that she live near her brother Serapio Cristian Contreras, in the city of San Vicente.
However, they are still waiting for the above-mentioned proposal of a house. Accordingly,
they asked the Court to find that this element of the measure of reparation had not been
fulfilled, to reiterate to the State its obligation to comply with it, including an appropriate
interpretation of the meaning of the phrase “to guarantee the conditions for the return of
[the victim].”
26.
The Commission assessed positively the measures taken by the State as regards the
restitution of the identity of Gregoria Herminia Recinos Contreras. However, it observed
that, to date, it has not been possible to modify the personal data on either her marriage
certificate or on the birth certificates of her children, and it awaited the adoption or
coordination measures with the State of Guatemala in order to facilitate the modification of
the said registrations. In addition, it observed that Gregoria Herminia Recinos Contreras has
expressed her interest in returning to El Salvador and took note of the State’s offer to
provide her with appropriate psychosocial assistance and to pay the expenses of moving her
and her family. Furthermore, it awaited information on the State’s proposal to provide the
victim with a house.
27.
First, the Court recalls that, during the public hearing held in the proceedings on
merits and eventual reparations, the victim stated “my actual name is Gregoria de Jesús
Molina and I would like to have my real first name with my real surnames.” In this regard,
expert witness María Sol Yáñez indicated the importance of the real name and the need for
it in her rehabilitation.15 This Court takes note of all the measures taken by the State in
order to achieve the restitution of the identity of Gregoria Herminia Recinos Contreras in the
Republic of El Salvador, which concluded with the registration of her birth under the name
given to her by her biological parents and the issue of both a new identity document and a
passport. Consequently, the Court considers that El Salvador has complied with this aspect
of the Judgment, subject to its jurisdiction, and emphasizes the important that compliance
with this measure has for the victim.
28.
Furthermore, the Court appreciates the measures taken by the State in order to
coordinate cooperation with the Republic of Guatemala so as to facilitate the correction of
the identity of Gregoria Herminia Recinos Contreras in that country, and recalls that the
result of this measure of reparation does not depend strictly on El Salvador, but rather
compliance with this aspect of the Judgment is contingent on the efforts made by a third
State. Consequently, and in order to have additional information that allows it to monitor
this aspect of the reparation satisfactorily, the Court finds it essential that the State
immediately increase and expedite the measures adopted to date to ensure diplomatic
coordination and cooperation so as to obtain the modification of the data that currently
appears on the victims’ marriage certificate and on the birth certificates of her children as
15
Cf. Case of Contreras et al. v. El Salvador. Merits, reparations and costs. Judgment of August 31, 2011.
Series C No. 232, para. 194.
11