62
carried out in a systematic and rigorous manner, with adequate and appropriate human, technical
and scientific resources and, if necessary, with cooperation from other States and international
organizations. These measures must be reported to the next of kin and, where possible, conducted in
their presence.
198. This effort to determine the victims’ whereabouts must be carried out through the National
Search Commission for Children who Disappeared during the Internal Armed Conflict or through the
institution or body considered most appropriate and efficient. In any case, the institution or body
conducting the search must offer guarantees of independence and impartiality; possess the necessary
human, financial, logistic, scientific and other resources to conduct efficient investigations and to
determine the whereabouts of the young people who disappeared when they were children during the
armed conflict; have the capacity and initiative to adopt the necessary measures to investigate and
collect evidence about the possible whereabouts of the children who disappeared during the armed
conflict; and ensure that all State institutions and authorities are obliged to cooperate by providing
information and access to all their files and records.298
199. In the event that, following the steps taken by the State, any of the victims are found alive,
the State must assume the costs of identifying them using reliable methods, reuniting them with their
families and providing them with the necessary psychosocial care; it must also provide the means for
re-establishing their identity and make the necessary efforts to facilitate family reunification, if they
so wish. If the victims are found to be deceased, their previously identified remains must be returned
to their next of kin as soon as possible and without cost. Also, the State must cover the funeral
expenses, as appropriate, in accordance with the wishes of the next of kin.299
200. As to the National Search Commission, in the Case of Contreras et al. the Court did not consider
it pertinent to order, again, the requested measures of reparation related to the seventh operative
paragraph of the judgment in the Case of the Serrano Cruz Sisters,300 because they have already
been established in that judgment and compliance with the Court’s ruling is still being evaluated
during the stage of monitoring compliance with judgment. Similarly, for the same reasons, the Court
does not find it pertinent to refer in this judgment to the possible obstacles faced by that Commission
and, therefore, to the request by the Inter-American Commission and the representatives.
Nevertheless, the Court welcomes the fact that the Search Commission’s work has been extended
indefinitely, although this should not be understood as an assessment of the mechanism through
which this modification took place.
3.
Request to strengthen the scientific and forensic capabilities to support the search for
disappeared children
201. The representatives requested that, in view of the State’s non-compliance with measures
ordered in the Case of the Serrano Cruz Sisters, the Court reiterate to the State its obligation to create
a genetic information system and to include the component of physical and facial composites (identikit
pictures) showing how the disappeared children might look nowadays if they were to be found alive,
given that this element would strengthen its technical and scientific capabilities for the investigation
of these cases and would also facilitate the identification of disappeared persons who are currently
alive.
298
Cf. Case of the Serrano Cruz Sisters v. El Salvador. Merits, reparations and costs, supra, paras. 184 to 188.
299
Cf. Case of Anzualdo Castro v. Peru, supra, para. 185, and Case of Osorio Rivera and Family v. Peru, supra, para. 252.
The Court ordered the State to “adopt the following measures to determine the whereabouts of Ernestina and Erlinda
Serrano Cruz: establishment of a national commission to trace the young people who disappeared during the armed conflict
when they were children, with the participation of civil society; creation of a search web page; and creation of a genetic
information system.” Case of the Serrano Cruz Sisters v. El Salvador. Merits, reparations and costs, supra, seventh operative
paragraph.
300