61
193. The representatives asked the Court to order the State to conduct an impartial, expeditious,
serious and exhaustive search, and to make all possible efforts to determine the whereabouts of the
victims as soon as possible. They argued that, if it is determined that the victims are alive, the State
must assume the costs of reuniting the families and of providing adequate psychosocial care. In the
event that their remains are found, the State must return these to their next of kin as soon as possible
and cover the possible funeral expenses. The representatives also advised that the National Search
Commission must be involved in these matters. In this regard, they enumerated several obstacles to
the performance of its functions to investigate and determine the whereabouts and situation of the
disappeared children, namely: (i) the lack of a strategy with its own lines of investigation; (ii) the
absence of protocols to ensure the flow of information to the families; (iii) it has not used its powers
to inspect de officio the State’s documentary records and archives; (iv) its mandate was due to expire
on May 31, 2014; and (v) it does not have its own budget or logistic resources. Therefore, the
representatives considered that the State should consolidate the said Commission through its creation
by legislative decree.
194. For its part, the Commission asked the State to “adopt the measures required to ensure the
effectiveness and continuation, for the time that is necessary, of the Search Commission, the search
web page and the genetic information system that is being implemented in the context of the
measures ordered by the Inter-American Court of Human Rights in the Case of the Serrano Cruz
Sisters. In particular, it must ensure that these measures are ordered through legal mechanisms that
guarantee their juridical security and the necessary budgetary allocation.”
195. The State acknowledged its obligation to investigate the fate or whereabouts of José Adrián
Rochac Hernández, Santos Ernesto Salinas, Emelinda Lorena Hernández, Manuel Antonio Bonilla and
Ricardo Abarca Ayala, which would be carried out through the National Search Commission.
Consequently, it reaffirmed its commitment to ensure the continuity of that Commission. In its final
arguments, the State reported in detail on the background, creation and work carried out by the
National Search Commission, indicating that the decree that created it was amended on February 19,
2014, modifying its period of validity for an indefinite term, along with other aspects of its operation.
The State also indicated that it did not object to the representatives’ request, since the current terms
do not exclude the possibility of consolidating the establishment of this Commission by ordering its
creation via Legislative Decree.
Considerations of the Court
196. It has been established in the instant case that José Adrián Rochac Hernández, Santos Ernesto
Salinas, Emelinda Lorena Hernández, Manuel Antonio Bonilla and Ricardo Abarca Ayala remain
disappeared, and that the State has not provided information to effectively determine their fate or
whereabouts or to ensure their reliable identification to date (supra para. 93). The Court stresses that
these victims disappeared approximately 30 years ago, so it is reasonable for their families to expect
that their whereabouts be determined. This constitutes a measure of reparation and, therefore, gives
rise to the correlative obligation of the State to meet it.296 It would also alleviate the families’ anguish
and suffering caused by the uncertainty.297
197. Consequently, the State must conduct a thorough search, as soon as possible, making every
effort to determine the whereabouts of José Adrián Rochac Hernández, Santos Ernesto Salinas,
Emelinda Lorena Hernández, Manuel Antonio Bonilla and Ricardo Abarca Ayala. The search must be
Cf. Case of Neira Alegría et al. v. Peru. Reparations and Costs. Judgment of September 19, 1996. Series C No. 29,
para. 69, and Case of Osorio Rivera and Family v. Peru, supra, para. 249.
296
Cf. Case of Ticona Estrada et al. v. Bolivia, supra, para. 155, and Case of Osorio Rivera and Family v. Peru, supra,
para. 249.
297