18
iv)
The limitation introduced by the State gives rise to “two
different levels of protection for victims of human rights violations,”
because “contrary to violations occurring after recognition of the
Court’s jurisdiction, it allows certain continuing violations to be
excluded from the jurisdictional scope of the Court, thus creating two
levels of supervision for these acts.” The first level is applicable to all
human rights violations that commenced after June 6, 1995, when the
alleged victims are totally protected by the Court’s jurisdiction. The
second level, is applicable to human rights violations that commenced
before June 6, 1995, and which continue after this date, in which case
the alleged victims of this type of violations are totally unprotected
“due merely to a decision of the State”;
v)
“If the State’s arguments are accepted, this would imply that
the acts of State agents intended to destroy evidence that might help
determine the whereabouts of the girls or acts of obstruction of justice
could be excluded from the Court’s jurisdiction, if, as the State claims,
it is considered that these acts commenced with the [alleged]
abduction of the girls; namely, on June 2, 1982”;
vi)
The condition for the recognition of the Court’s jurisdiction
invoked by El Salvador “cannot be applied to this case, which deals
with continuing violations. Moreover, it is contrary to the object and
purpose of the Convention, because it creates categories of [alleged]
victims”;
vii)
The condition for the recognition of the Court’s jurisdiction
invoked by El Salvador “has the effect of reducing the effectiveness of
the protection mechanisms established by the American Convention,
because it excludes from the Court’s jurisdiction those persons who
are victims of continuing human rights violations, even after
recognition of the Court’s jurisdiction, if these violations commenced
before June 6, 1995”; and
viii)
Some of the reported acts occurred after June 6, 1995. These
included: the filing of the petition for habeas corpus on November 7,
1995; the delivery of the judgment by the Constitutional Chamber of
El Salvador on March 14, 1996; and measures taken in criminal
proceeding 112/93, “which had the effect of obstructing and delaying
the proceeding, including the closure of the investigation on two
occasions: March 16 and May 27, 1998.” Also, the Army assumed an
obstructive attitude to the investigation because, on four occasions,
the special prosecutor requested permission to inspect the logbook
and, to date, his request has not been followed-up on. There are
evident avenues of investigation that have not been followed, such as
conducting interviews in children’s homes where the girls could have
been. These omissions imply State complicity to hide the facts and the
whereabouts of the alleged victims.
Considerations of the Court
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