65
other similar provision to avoid this obligation (supra para. 188 d).
213. Furthermore, in the Case of the Massacres of El Mozote and nearby places it ordered the State
to ensure that the General Amnesty Law for the Consolidation of Peace never again represents an
obstacle to the investigation of the events that are the subject of this case or to the identification,
prosecution and eventual punishment of those responsible for these and other similar grave human
rights violations that occurred during the armed conflict in El Salvador.305 This obligation is binding
upon all of the State’s powers and organs, which are required to exercise “conventionality” control ex
officio between domestic norms and the American Convention, obviously within the framework of their
respective jurisdictions and the corresponding procedural regulations.306 Therefore, the Court does
not consider it pertinent to order, once again, the measure of reparation related to the regulatory
reforms requested in relation to the General Amnesty Law for the Consolidation of Peace, since this
was established in the judgment supra and compliance with the Court’s order is still being evaluated
during the stage of monitoring compliance with judgment; nevertheless, the Court reiterates its nonapplicability to the investigation of the facts in this case.
C.
Measures of restitution, rehabilitation, satisfaction and guarantees of nonrepetition
1.
Restitution
a)
Assume the costs and implement the procedures and arrangements necessary
to restore the identity of the disappeared children in this case
214. The representatives requested that the State assume the costs and implement the relevant
procedures for restoring the identity of the children in this case, should they be found alive and require
this at a given moment; this must include guarantees for their return to El Salvador if they should
request it, and the correction of the corresponding documents. The State agreed to carry out the
actions necessary to restore the identity of the victims in this case, should they be found and should
they so wish, since any actions taken would be subject to the decisions of the young people found.
Considerations of the Court
215. The Court considers that this measure is included within those ordered in paragraph 199 supra,
inasmuch as the State must assume the costs of identifying the victims using reliable methods, of
reuniting them with their families and of providing the necessary psychosocial care; it must provide
the means for re-establishing their identity and make efforts to facilitate family reunification, if they
so wish. Bearing in mind the possible fate of the disappeared children (supra para. 50. e), the Court
makes it clear that this measure requires the State to guarantee - where appropriate and according
to the particular circumstances of the victim found and, if they so wish – the conditions for their
permanent return to El Salvador with psychosocial support appropriate to their needs.
2.
Rehabilitation
a) Comprehensive medical, psychological and/or psychiatric assistance for the victims
216.
The representatives requested that the State provide “special medical and psychosocial
Cf. Case of the Massacres of El Mozote and nearby places v. El Salvador, supra, para. 318 and fourth operative
paragraph.
305
Cf. Case of Almonacid Arellano et al. v. Chile. Preliminary objections, merits, reparations and costs. Judgment of
September 26, 2006. Series C No. 154, para. 124, and Case of the Massacres of El Mozote and nearby places v. El Salvador,
supra, para. 318.
306