10
non-pecuniary damage, determination of the whereabouts of the victims and adoption of the
necessary measures for the recovery of their identity and the reunion of the family, the
establishment of a National Commission for the Search for Children Disappeared during the
Internal Armed Conflict, a public act of apology and acknowledgment of responsibility, the
publication of the Court’s judgment in this case, and medical and psychological care for the
victims and their next of kin, all in the manner, terms and scope set out in its brief
answering the application.” Regarding the costs and expenses requested by the
representatives, the State indicated that “the amount […] exceeds the standard in the
precedents established by [the] Court.”
21.
With regard to the victims in the case, the State expressed its willingness to redress
the results of the violations established in these international proceedings in favor of
Gregoria Herminia, Serapio Cristian and Julia Inés Contreras; Ana Julia and Carmelina Mejía
Ramírez and José Rubén Rivera. In addition, although some individuals included in the
application were not considered victims in the report under Article 50 of the Convention and
the representatives had added another person in their pleadings and motions brief, it
recognized “as victims and beneficiaries of reparations for the violations they have been
subjected to over the years, their close family members: María Maura Contreras (mother),
Fermín Recinos Ayala (father), Julia Gregoria Recinos Contreras (sister), Marta Daysi Leiva
Contreras (sister), Nelson Geovany Contreras (brother, deceased), Rubén de Jesús López
Contreras (brother), Sara Margarita López Contreras (sister), Santos Antonio López
Contreras (brother), Arcadia Ramírez Portillo (mother), Abenicio Portillo (brother), María
Nely Portillo (sister), Santos Verónica Portillo (sister), Reina Dionila Portillo de Silva (aunt),
Margarita Dolores Rivera de Rivera (mother), Agustín Antonio Rivera Gálvez (father), Juan
Carlos Rivera (brother deceased), Agustín Antonio Rivera Rivera (brother), José Daniel
Rivera Rivera (brother), Milton Rivera Rivera (brother), Irma Cecilia Rivera Rivera (sister),
and Cándida Marisol Rivera Rivera (sister); as these were the people who suffered the
consequences of the disappearance of the victims in this case or who have actively pursued
the search for them.”
22.
In addition, it should be noted that, during the public hearing, the State apologized
directly to Gregoria Herminia Contreras “for the immense pain caused by State agents […]
that has had such tragic consequences for her and her next of kin, [as well as] for the lack
of protection resulting from the indifference of State institutions throughout her life.” It
indicated that it “has fully acknowledged the facts that were the subject of the application
[as well as] its responsibility in this case,” emphasizing that the testimony given by Gregoria
Herminia had been acknowledged as the truth of what happened, as have the testimonies of
the other victims during these proceedings. The State affirmed its “unconditional
commitment to take the actions necessary to provide full access to the enjoyment of their
rights […] in their condition of victims of the serious human rights violations to which
[Gregoria Herminia Contreras], her siblings and her next of kin were subjected.” These
commitments include the search for her siblings, the restoration of her true identity and the
adoption of all measures that the Court considers pertinent. Consequently, the State
reiterated that “the dispute in this case has ended […], because it has made an extensive
acknowledgment of responsibility with regard to the facts set out in the application and in
the petitioners’ brief with pleadings, arguments and evidence.” These declarations were
reiterated by the State in its brief with final arguments. However, the State underlined the
relevance of the judgment to be handed down by the Court, because “it will be a very
important tool for making progress […] and strengthening […] coordination mechanisms […]
with the Search Association and with the victims.”
23.
The Commission expressed its satisfaction with the State’s acknowledgment of
international responsibility and indicated that, with the subsequent clarifications, the