65
whereabouts of the victims, or to guarantee the rights of access to justice and to know the
truth through the investigation and eventual punishment of those responsible, together with
the full reparation of the consequences of the violations. Thus, more than 30 years after the
facts began and 16 years after the first investigations were opened, impunity prevails as well
as the lack of effectiveness of the investigations and criminal proceedings. This is reflected
in the fact that none of those responsible has been identified or even involved in the
investigations.
184. The Court reiterates that both the investigation and the search for disappeared
persons are imperative State obligations, as is the importance that those actions are carried
out in keeping with international standards, with an approach that takes into account that
the victims were children at the time of the facts. Hence, the Court considers it necessary
that the State adopt clear and concrete strategies designed to overcome the impunity in
prosecuting the forced disappearances of children during the Salvadoran armed conflict, in
order to evidence the systematic nature of this crime that particularly affected Salvadoran
children, thereby preventing these facts from being repeated.
185. Based on the foregoing, together with its case law,281 this Court orders that the State
must continue, effectively and with the greatest diligence, the investigations that have been
opened, and open those that may be necessary to identify, prosecute and, as appropriate,
punish those responsible for the forced disappearance of Gregoria Herminia Contreras,
Serapio Cristian Contreras, Julia Inés Contreras, Ana Julia Mejía Ramírez, Carmelina Mejía
Ramírez and José Rubén Rivera Rivera. This obligation must be complied with in a
reasonable time, in order to establish the truth of the facts, and to determine the possible
criminal responsibilities, based on the criteria indicated for investigations in cases of forced
disappearance,282 and removing all the de facto and de jure obstacles that maintain
impunity283 in this case. In particular, the State must:
a)
Take into account the systematic pattern of forced disappearances of children
in the context of the Salvadoran armed conflict, as well as the large-scale military
operations during which the facts of this case took place, so that the pertinent
investigations and proceedings may be conducted taking into account the complexity
of these facts and the context in which they occurred, avoiding omissions in the
collection of evidence and in following logical lines of investigation, based on a proper
assessment of the systematic patterns that gave rise to the facts under investigation;
b)
Identify and individualize all the perpetrators and masterminds of the forced
disappearances of the victims. Due diligence in the investigations means that all the
State authorities are obliged to collaborate in the collection of evidence;
consequently, they must provide the judge, prosecutor or other judicial authority with
all the information required and abstain from actions that obstruct the progress of the
investigative process;
c)
Ensure that the competent authorities carry out the corresponding
investigations ex officio and that, to do so, they have and use all the necessary
logistic and scientific resources to collect and process evidence and, in particular, that
281
Cf. Velásquez Rodríguez, supra note 23, para. 174; Case of Anzualdo Castro, supra note 109, para. 181,
and Case of Ibsen Cárdenas and Ibsen Peña, supra note 100, para. 237.
282
Cf. Case of Anzualdo Castro, supra note 109, para. 181; Case of Gomes Lund et al. (Guerrilha do
Araguaia), supra note 97, para. 256, and Case of Ibsen Cárdenas and Ibsen Peña, supra note 100, para. 237.
283
Cf. Case of Myrna Mack Chang, supra note 269, para. 277; Case of Ibsen Cárdenas and Ibsen Peña, supra
note 100, para. 237, and Case of Manuel Cepeda Vargas, supra note 14, para. 216.
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