48
para. 46) includes several “lists of victims presented to the Truth Commission,” one of which
includes the names of “Fermina Gregoria Contreras Recinos” (sic) and “Julia Ynos Contreras”
(sic), both as victims of murder on August 25, 1982, and “Serapio Cristian Contreras” as a
victim of disappearance on August 25, 1982, facts attributed to the Armed Forces.200
133. However, as part of its mandate, the Truth Commission issued a series of
recommendations, including a section on “measures for national reconciliation.” Among
other matters, this section indicates:
All in all, to reach the goal of pardon, it is necessary to pause and consider certain consequences
that can be inferred from knowing the truth about the grave incidents described in this Report.
One of them, perhaps the most difficult to face in the current context of the country, is that of
satisfying the requirements of justice. These requirements point in two directions. One is to
punish those responsible. The other is the reparation due to the victims and their next of kin.201
134. In addition, from the evidence presented in this case, it emerges that on May 31,
1996, the representatives of the Search Association filed a complaint with the Ombudsman’s
Office in which it set out a total of 145 cases of children who had been victims of forced
disappearance, all in the context of the Salvadoran armed conflict. The Ombudsman’s Office
issued a decision on March 30, 1998, under case file SS-0449-96 referring, among other
cases, to the forced disappearance of Gregoria Herminia, Serapio Cristian and Julia Inés
Contreras, and José Rubén Rivera, in which members of the Armed Forces of El Salvador are
indicated at those responsible for the said disappearances.202 It also ordered that the
decision be notified, among others, to the Prosecutor General so that he could initiate “the
legally established procedures in order to determine the corresponding criminal
responsibilities,”203 and this was done on November 6, 1998.204
135. In this regard, the Court considers it pertinent to reiterate, as it has in other cases,
that, in compliance with their obligation to guarantee the right to know the truth, States
may establish truth commissions that contribute to the construction and preservation of the
historical memory, the clarification of the facts, and the determination of institutional, social,
and political responsibilities during specific historical periods of a society.205 Nevertheless,
this does not fulfill or substitute for the State’s obligation to establish the truth through
judicial proceedings206; thus the State had an obligation to launch a criminal investigation to
determine the corresponding criminal responsibilities. Also, although a complaint before the
Ombudsman’s Office can result in effective and useful actions in cases of alleged human
rights violations, it is clear that the facts denounced were also brought to the attention of
the Office of the Prosecutor General whose responsibility it was to initiate the corresponding
200
Cf. Appendices to the Report of the Truth Commission for El Salvador, From madness to hope: the 12-year
war in El Salvador, 1992-1993, Volume II (evidence file, volume XIII, attachments to the Commission's final
observations, folio 8308).
201
Report of the Truth Commission for El Salvador, supra note 28, (evidence file, volume III, attachment 3 to
the application, folio 2088).
202
Cf. Decision issued by the Ombudsman’s Office, supra note 70 (evidence file, volume III, attachment 15 to
the application, folios 2196 to 2233).
203
Decision issued by the Ombudsman’s Office, supra note 70 (evidence file, volume III, attachment 15 to the
application, folio 2233).
204
Cf. Official communication No. DR5-476/98 addressed to the Prosecutor General on November 6, 1998
(evidence file, volume III, attachment 18 to the application, folio 2239).
205
Cf. Case of Zambrano Vélez et al., supra note 55, para. 128; Case of Gomes Lund et al. (Guerrilha do
Araguaia), supra note 97, para. 297, and Case of Radilla Pacheco, supra note 25, para. 74.
206
Cf. Case of Zambrano Vélez et al., supra note 55, para. 128; Case of Gomes Lund et al. (Guerrilha do
Araguaia), supra note 97, para. 297, and Case of Ibsen Cárdenas and Ibsen Peña, supra note 100, para. 158.
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