58
with international standards, with an approach that takes into account that the victims were children
at the time of the facts. Thus, it is essential that the State adopt clear and concrete strategies designed
to overcome impunity in the prosecution of forced disappearances of children during the Salvadoran
armed conflict, in order to highlight the systematic nature of this crime that particularly affected
Salvadoran children, and thereby prevent such events from being repeated.
185. Therefore, in this section the Court will consider all the requested measures of reparation that
are correlated to the investigations aimed at determining the whereabouts of the victims and those
responsible for their forced disappearance and for other related illegal acts.
1.
Investigation, identification, prosecution and, if appropriate, punishment of all the
perpetrators and masterminds
186. Both the Commission and the representatives asked the Court to order the State to conduct a
full, impartial, exhaustive and effective investigation to identify, prosecute and, if appropriate, punish
all those responsible for the disappearances and related crimes to the detriment of the child victims
in the instant case. In addition, the Commission asked the Court to order the State to conduct the
investigations required to identify and punish those who participated in the concealment of the facts
and the denial of justice. The representatives requested that the State investigate the officials and/or
employees responsible for the investigations and reiterated their request that the State be ordered to
establish a Special Commission within the Office of the Attorney General of the Republic to investigate
the disappearance of children, or to train a specialized human rights unit to investigate cases of
disappeared children during the armed conflict, with specialized prosecutors and sufficient resources,
given the “evident inertia in the investigation of those responsible. The State merely indicated that,
although it had acknowledged that the obligation to investigate would be guided and promoted by the
National Commission to Search for Disappeared Children during the Internal Armed Conflict, this did
not preclude actions undertaken by the Salvadoran judicial system for the same purpose and with the
aim of investigating and identifying the perpetrators and masterminds responsible for the forced
disappearance of the children in the instant case.
Considerations of the Court
187. In Chapter VII-2 of this judgment, the Court declared the violation of the rights to judicial
guarantees and judicial protection given that the domestic proceedings, taken as a whole, have not
constituted effective remedies to determine the fate or to discover the whereabouts of the victims, or
to guarantee their rights of access to justice and to know the truth, through the investigation and
eventual punishment of those responsible, together with full reparation for the consequences of the
violations. Thus, more than 30 years after the events took place and 12 years after the first
investigations were opened, impunity prevails along with the lack of effectiveness in the investigations
and criminal proceedings. This is reflected in the fact that none of those responsible has been identified
or even linked to the investigations.
188. Bearing in mind the request made by the Commission and the representatives, as well as its
case law,290 the Court orders that the State continue, effectively and with the utmost diligence, the
investigations already opened, and that it open any others that may be necessary to identify,
prosecute and, if appropriate, punish those responsible for the forced disappearance of José Adrián
Rochac Hernández, Santos Ernesto Salinas, Emelinda Lorena Hernández, Manuel Antonio Bonilla and
Ricardo Abarca Ayala, and for other unlawful acts connected with their disappearance. This obligation
must be fulfilled within a reasonable time, in order to establish the truth of the facts and to determine
the possible criminal responsibilities, considering the criteria established for investigations in cases of
290
Cf. Case of Anzualdo Castro v. Peru, supra, para. 181, and Case of Osorio Rivera and Family v. Peru, supra, para. 244.