59
forced disappearances,291 and removing all de facto and de iure obstacles that perpetuate impunity
in this case.292 In particular, the State must:
a)
Take into account the systematic pattern of forced disappearances of children in the
context of the Salvadoran armed conflict, as well as the large-scale military operations during
which the facts of this case took place, so that the pertinent investigations and proceedings
can be conducted, taking into account the complexity of these facts and the context in which
they occurred, avoiding omissions in the collection of evidence and following logical lines of
investigation based on a proper assessment of the systematic patterns that gave rise to the
facts under investigation;
b)
Identify and individualize all the perpetrators and masterminds of the forced
disappearances of the victims and other related unlawful acts. Due diligence in the
investigations means that all the State authorities are obliged to collaborate in the collection
of evidence; consequently, they must provide the judge, prosecutor or other judicial authority
with all the information required and refrain from actions that obstruct the progress of the
investigative process;
c)
Ensure that the competent authorities carry out the corresponding investigations ex
officio and that, to do so, they are provided with and use all the necessary logistic and
scientific resources to collect and process the evidence and that, in particular, they have the
authority to access pertinent documentation and information to investigate the facts
denounced and to promptly take the measures and make the inquiries that are essential to
elucidate what happened to the disappeared persons in this case;
d)
Since grave human rights violations are at issue, 293 and considering the continuing or
permanent nature of forced disappearance, the effects of which persist until the fate or
whereabouts of the victims has been established and their identity determined, the State
must refrain from resorting to mechanisms such as amnesty for the perpetrators, or any other
similar provision, such as prescription, non-retroactivity of criminal law, res judicata, ne bis
in idem or any similar exemption of responsibility to avoid this obligation, and
e)
Guarantee that the investigations into the facts that constituted the forced
disappearances in this case remain, at all times, in the ordinary jurisdiction.
189. Also, in the circumstances of the present case, and based on the provisions established in the
Case of Contreras et al., the Court orders the State to adopt other measures, such as:
a)
Establish mechanisms for coordination between the different State bodies and
institutions with powers to investigate and monitor cases that are being processed for the
forced disappearance of children during the armed conflict; to this end, a database on the
matter must be set up and kept updated in order to ensure the most coherent and effective
investigations;
Cf. Case of Anzualdo Castro v. Peru, supra, paras. 62 to 67 and 122 to 124, and Case of Contreras et al. v. El Salvador,
supra, paras. 126 to 130.
291
Cf. Case of Myrna Mack Chang v. Guatemala. Merits, reparations and costs. Judgment of November 25, 2003. Series
C No. 101, para. 277, and Case of Contreras et al. v. El Salvador, supra, para. 185.
292
Cf. Case of the Serrano Cruz Sisters v. El Salvador. Merits, reparations and costs, supra, paras. 171 and 172; Case of
Contreras et al. v. El Salvador, supra, para. 185, and Case of the Massacres of El Mozote and nearby places v. El Salvador,
supra, para. 318 and fourth operative paragraph.
293