I
INTRODUCTION OF THE CASE AND PURPOSE OF THE DISPUTE
1.
The case submitted to the Court. On July 29, 2019, the Inter-American Commission on
Human Rights (hereinafter “the Inter-American Commission” or “the Commission”) submitted
to the jurisdiction of the Court the case of Manuela and family with regard to the Republic of
El Salvador (hereinafter “the State” or “El Salvador”). The Commission indicated that the case
related to “a series of violations during the criminal proceedings that culminated in the
conviction of the [presumed] victim in this case for the offense of aggravated homicide in the
known context of the criminalization of abortion in El Salvador,” as well as the violation of
professional confidentiality, the medical attention received before and after her deprivation of
liberty, and the presumed victim’s death in the State’s custody. The Commission concluded
that the State was responsible for the violation of Manuela’s rights to life, personal liberty,
judicial guarantees, privacy, equality before the law, judicial protection, and health. In
addition, the Commission concluded that El Salvador had violated the rights to judicial
guarantees and judicial protection of Manuela’s family “as a result of the total failure to
investigate and clarify her death in custody.”
2.
Procedure before the Commission. The procedure before the Commission was as
follows:
a) Petition. On March 21, 2012, the Center for Reproductive Rights, the
Colectiva de Mujeres para el Desarrollo Local and the Agrupación
Ciudadana por la Despenalización del Aborto Terapéutico, Ético y
Eugenésico lodged the initial petition on behalf of the presumed victims.
b) Admissibility Report. On March 18, 2017, the Commission adopted
Admissibility Report No. 29/17, in which it concluded that the petition
was admissible.
c) Merits Report. On December 7, 2018, the Commission adopted Merits
Report No. 153/18, in which it reached a series of conclusions1 and made
several recommendations to the State.
d) Notification to the State. The Merits Report was notified to the State on
January 29, 2019, granting it two months to report on compliance with
the recommendations. After granting an extension, the Commission
indicated that “El Salvador did not present the report on compliance
within the time frame established by the Commission, and the
Commission has no information on any substantive progress in
complying with the recommendations of the Merits Report […].
[Moreover, the State has not] requested an extension.”
3.
Submission to the Court. On July 29, 2019, the Commission submitted all the facts and
human rights violations described in the Merits Report to the Court owing to “the need to
obtain justice and reparation.”2 The Court notes that more than seven years elapsed between
the lodging of the initial petition before the Commission and the submission of the case to the
Court.
The Commission concluded that the State was responsible for the violation of the rights to life, personal
liberty, judicial guarantees, privacy, equality before the law, judicial protection, and health established in Articles
4(1), 7(1), 7(2), 7(3), 8(1), 8(2), 8(2)(c), 8(2)(e), 8(2)(h), 11(2), 11(3), 24, 25(1) and 26 of the American
Convention in relation to the obligations established in Articles 1(1) and 2 of this instrument, and also Article 7 of
the Convention of Belém do Pará.
1
The Commission appointed Commissioner Margarette May Macaulay and then Executive Secretary Paulo
Abrão, as its delegates, and Christian González Chacón, an Executive Secretariat lawyer, acted as legal adviser.
2
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