2
Table of contents
Paragraphs
I.
INTRODUCTION OF THE CASE AND PURPOSE OF THE DISPUTE
1
II.
PROCEEDINGS BEFORE THE COURT
8
III.
COMPETENCE
15
IV.
ACKNOWLEDGEMENT OF INTERNATIONAL RESPONSIBILITY
17
V.
EVIDENCE
29
VI.
1. Documentary, testimonial and expert evidence
30
2. Admission of the documentary evidence
3. Admission of the testimony of the victims and of the expert opinions
32
38
CONTEXT
40
A. The armed conflict
41
B. 1980-1983: “the institutionalization of violence”
48
C. The systematic pattern of forced disappearances of children during the
armed conflict in El Salvador
51
VII.
RIGHTS TO PERSONAL LIBERTY, HUMANE TREATMENT, LIFE,
JURIDICAL
PERSONALITY,
PRIVACY
AND
FAMILY
LIFE,
IDENTITY,
PROTECTION OF THE FAMILY, A NAME, AND OF THE CHILD IN RELATION TO
THE OBLIGATION TO RESPECT AND GUARANTEE THE RIGHTS
56
A. Facts related to the forced disappearance of Ana Julia and Carmelina
Mejía Ramírez
58
B. Facts related to the forced disappearance of Gregoria Herminia, Serapio
Cristian and Julia Inés Contreras
63
C.
71
Facts related to the forced disappearance of José Rubén Rivera Rivera
D. The forced disappearance of children as a multiple and continuing
violation of human rights and of the obligation to respect and guarantee
rights
80
E. The right to personal integrity of Gregoria Herminia Contreras
95
F. The right of the children to protection of the family, a name, privacy
and family life and identity
103
G. The right to personal integrity of the next of kin
119
VIII. RIGHTS TO PERSONAL LIBERTY, JUDICIAL GUARANTEES, JUDICIAL
PROTECTION AND FREEDOM OF THOUGHT AND EXPRESSION IN RELATION TO
THE OBLIGATION TO RESPECT AND GUARANTEE THE RIGHTS
125