31
intense fear, uncertainty, anguish, and pain, all of which could vary or intensify depending on age
and the specific circumstances.143
In addition, in the specific case of children separated from their parents or next of kin in the context
of armed conflict, who are in a situation of special vulnerability, their appropriation, with different
objectives, is often considered a normal consequence of armed conflict or, in any case, inherent in
it, which is what happened, at least in the case of Gregoria Herminia. Treating children as objects
susceptible of appropriation harms their dignity and personal integrity, and it is the State that should
ensure their protection and survival, as well as prioritize measures to promote family
reunification.144 In this regard, the Inter-American Court has indicated that an obligation exists to
apply “the highest standard to determine the criminal nature of actions that impair [the] personal
integrity [of children].”145
172.
It has been established that on August 12, 1981, the Hernández Rochac family was in
their home in the canton of San José Segundo. At about 9 a.m., members of the Air Force of El Salvador
captured José Adrián Rochac Hernández after assassinating his mother and brother. There is testimony
from witnesses who say they saw the child that same day in army trucks headed towards a military base.
173.
The Commission has also considered it proved that after the extrajudicial execution of
several persons, the child Santos Ernesto Salinas was captured by members of the Atlacatl Immediate
Response Battalion, who had executed the other persons. In subsequent days the child was seen being
transported by members of the military, in underwear.
174.
The Commission has also established that on December 12, 1981, Emelinda Lorena
Hernández, who was in the care of a neighbor of the family, in the locality of “La Joya,” was captured by
members of the Atlacatl Immediate Response Battalion, who assassinated the inhabitants of the home
where the person who cared for Emelinda Lorena Hernández lived. In subsequent days, residents saw
soldiers carrying children. These facts occurred in the context of the massacre of El Mozote and
neighboring places, events of which the IACHR has taken cognizance and whose characteristics of
extreme violence and cruelty are known to the Commission.
175.
Finally, the Commission has established that from August 19 to 24, 1982, in the
framework of a military operation, the children Manuel Antonio Bonilla and Ricardo Ayala Abarca were
captured by military operatives while they were fleeing to the mountains.
176.
The Commission considers that given these circumstances, the children, placed under
the custody of state agents, at the moment of these facts feared for their lives and felt a profound sense
of abandonment, vulnerability, and lack of protection in the face of the imminent separation from their
parents and/or families. The Commission notes that this inference operates independent of the victims��
143
Contreras 85. Citing: ““Each child reacts differently to the impact of armed conflict. Their response depends on their
age, gender, personality type, personal and family history, cultural background and experience, as well as on the nature and
duration of the event.” United Nations, The Machel Review, 1996-2000: A critical analysis of progress made and obstacles
encountered in increasing protection for war-affected children, A/55/749, 26 January 2001, p. 27. For example, among the different
circumstances that can influence the psychosocial repercussions of violence on children, “include individual factors such as age,
sex, personality type, personal and family history and cultural background. Other factors will be linked to the nature of the traumatic
events, including their frequency and the length of the exposure. Children who suffer from stress display a wide range of symptoms,
including increased separation anxiety and developmental delays, sleep disturbances and nightmares, lack of appetite, withdrawn
behaviour, lack of interest in play, and, in younger children, learning difficulties. In older children and adolescents, responses to
stress can include anxious or aggressive behaviour and depression.” United Nations, Impact of armed conflict on children, Report of
the expert of the Secretary General, Ms. Graça Machel, submitted pursuant to General Assembly resolution 48/157, A/51/306, 26
August 1996, para. 168. Similarly, in the context of flight from armed conflict, “[a]lthough the decision to leave is normally taken by
adults, even the youngest children recognize what is happening and can sense their parents' uncertainty and fear.” United Nations,
Impact of armed conflict on children, supra, para. 67.
144
Contreras 85. Citing. See United Nations, The Machel Review 1996-2000, supra note 116, pp. 14 and 27. See also
Convention on the Rights of the Child and provisions of international humanitarian law, such as Article 4(3) of Additional Protocol II
to the Geneva Conventions of 1949 on the protection of victims in non-international armed conflicts.
145
I/A Court H.R., Case of the Brothers Gómez Paquiyauri v. Peru. Merits, Reparations, and Costs. Judgment of July 8,
2004. Series C No. 110, para. 170.