32
ages. The Commission notes that the ages of the victims at the time of the events ranges from 9 months
to 9 years, which means that the manifestations of fear and the sense of lack of protection could have
varied in each case, without that meaning that there was no impairment.
177.
With respect to the right to life, the Inter-American Court has recently indicated that
“owing to the nature of forced disappearance, the victim is in an aggravated situation of vulnerability,
which gives rise to the risk that several rights may be violated, including the right to life. This situation is
accentuated in the presence of a systematic pattern of human rights violations and when children are
involved … given that the illegal removal of their biological parents also jeopardizes the life, survival and
development of the children146, the latter understood in its broadest sense to include its physical, mental,
spiritual, moral, psychological, and social aspects.”147
178.
While it is true that the disappearances of children have certain characteristics that
distinguish them from other forms of forced disappearance, and experience has shown that there is a
greater likelihood of finding the victims alive, those differences are not sufficient to refute the violation of
the right to life in the instant case. The Commission notes that the case-law of the inter-American system
on this point seeks precisely to establish the full scope of international responsibility in cases of forced
disappearance in which the intrinsic risk it implies for the lives of persons is undeniable. In addition, an
effort is made for the States to adopt all the measures within their reach to establish the victims’
whereabouts and, if they are found alive, to rebut the presumption of a violation of the right to life.
179.
The Commission is of the view that the actions of the members of the military who
deprived the victims in the instant case of liberty, appropriated them, and decided what to do with the
victims in the instant case, without taking into consideration their special needs of protection or adopt
other measures that would have made it possible to determine their identity, and, therefore, to facilitate
immediate reunification with their families, all in a context of extreme and permanent violence such as
that experience during the armed conflict in El Salvador, meant that the five children were placed in a
situation of imminent risk to their lives at the hands of state agents. Up to date, after more than 30 years
of the dissapearance, it has not been established the fate or whereabouts of any of the five victims of the
instant case.
180.
As for the right to recognition of juridical personality, the Commission recalls that this is
an essential and necessary requirement for claiming and exercising all the rights, for without it the person
does not enjoy the protection and guarantees offered by the law, simply because one is invisible in the
eyes of the law.
181.
By its very nature, forced disappearance of persons seeks the juridical annulment of the
individual precisely in order to remove them from the protection that the laws and justice afford them.
Thus, the apparatus of repression ensures that persons may be deprived of their rights with impunity by
placing them beyond the reach of any possible judicial protection. The aim of those who perpetrate forced
disappearance is to operate outside the law and conceal any evidence of crime, thereby seeking to avert
its investigation and punishment, and prevent the person or their next of kin from filing suit or, in the event
suit is filed, from accomplishing a positive result.
182.
The Commission also notes that since its earliest case law, the Court has consistently
148
found that forced disappearance of persons comprises multiple offenses . This multiple violation of a
146
I/A Court H.R., Case of Contreras et al. v. El Salvador. Merits, Reparations, and Costs. Judgment of August 31, 2011.
Series C No. 232, para. 90. Citing See: Case of Gelman, supra note 16, para. 130.
147
I/A Court H.R., Case of Contreras et al. v. El Salvador. Merits, Reparations, and Costs. Judgment of August 31, 2011.
Series C No. 232, para. 90. Citing See United Nations, Committee on the Rights of the Child, General Comment No. 5, General
measures of implementation of the Convention on the Rights of the Child (arts. 4, 42 and 44, para. 6)), CRC/GC/2003/5, November
27, 2003, para. 12.
148
I/A Court H.R., Case of Heliodoro-Portugal. Judgment of August 12, 2008. Series C No. 186, par. 106 and 112; Case
of Goiburú et al. Judgment of September 22, 2006. Series C No. 153, pars. 81-85; Case of Gómez Palomino. Judgment of
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