49
criminal proceedings. However, it was only on March 16, 2000, that, in compliance with the
decision of the Ombudsman’s Office, orders were given to open a case file to conduct a
criminal investigation into the facts.207 Consequently, the Court finds that, since the State
did not initiate a criminal investigation into what happened to Gregoria Herminia, Julia Inés
and Serapio Cristian Contreras, even though on three different occasions it had full
knowledge that they had been disappeared during the Salvadoran armed conflict, the State
failed to comply in its duty to investigate those forced disappearances ex officio.
C. Lack of due diligence in the criminal investigations
136. The State acknowledged its responsibility for violating Articles 8208 and 25209 of the
American Convention, mentioning the legal grounds presented by the Commission in its
application brief. The Court has verified that, in its application brief, the Commission referred
to the investigations conducted up until January 2004, while the representatives presented
information on the investigations carried out up until September 2010, and identified some
specific obstacles that would allow and promote a situation of absolute impunity for the
human rights violations committed during the Salvadoran armed conflict. They also affirmed
that the cases of forced disappearance of children would “not be excluded from this reality.”
In addition, the State forwarded a copy of the case file of the investigations carried out to
December 2010 and January 2011. Thus the Court finds it necessary, based on all the
evidence submitted, to establish clearly the facts that gave rise to the violations
acknowledged by the State, and the omissions and failures of the authorities in charge of the
investigations undertaken.
137. With regard to the processing of the investigations conducted in this case, it is
pertinent to clarify that the criminal proceedings for the forced disappearances of José
Rubén Rivera before the Second Trial Court of San Vicente (Case File 479-3-96) and of Ana
Julia and Carmelina Mejía Ramírez before the Second Court of First Instance of San
Francisco Gotera (Case 187/97), which have remained in the pre-trial investigation stage,
were processed under the 1973 Code of Criminal Procedure, in force until 1998.210
Meanwhile, the investigations into the forced disappearances of José Rubén Rivera,
Herminia, Serapio Cristian and Julia Inés Contreras (Case File 225-UDVSV-00), Gregoria
Herminia, Serapio Cristian and Julia Inés Contreras (Case File 585-UDVSV-08), and Ana Julia
and Carmelina Mejía Ramírez (Case File 238-UDV-OFM-2-10) were processed directly before
the Public Prosecution Service under the 1998 Code of Criminal Procedure.
1. Initial criminal investigations
138. On November 15, 1996, Margarita Dolores Rivera de Rivera filed a criminal complaint
before the Second Criminal Court of San Vicente owing to the forced disappearance of her
207
Cf. Official decision issued by Unit for Crimes against Life of San Vicente on March 16, 2000 (evidence file,
volume X, attachment 5 to the answer to the application, folio 7242).
208
The pertinent part of Article 8 establishes that: “1. Every person has the right to a hearing, with due
guarantees and within a reasonable time, by a competent, independent, and impartial tribunal, previously established
by law, in the substantiation of any accusation of a criminal nature made against him or for the determination of his
rights and obligations of a civil, labor, fiscal, or any other nature.”
209
Article 25(1) establishes that: “[e]veryone has the right to simple and prompt recourse, or any other effective
recourse, to a competent court or tribunal for protection against acts that violate his fundamental rights recognized by
the constitution or laws of the state concerned or by this Convention, even though such violation may have been
committed by persons acting in the course of their official duties.”
210
Expert opinion provided by Ricardo Alberto Iglesias Herrera before the Inter-American Court of Human
Rights during the public hearing held on May 17, 2011.
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