8
14.
On August 11, 2011, on the instructions of the President of the Court, and pursuant
to Article 5 of the Rules of Procedure of the Legal Assistance Fund, the State was informed
of the expenses incurred in application of the Fund. The State presented its respective
observations on August 18, 2011.
III
COMPETENCE
15.
The Inter-American Court is competent to hear this case in the terms of Article 62(3)
of the American Convention, because El Salvador ratified the Convention on June 23, 1978,
it entered into force for the State on July 18, 1978, and the State accepted the Court’s
compulsory jurisdiction on June 6, 1995.
16.
Although the declaration of acceptance of the Inter-American Court’s jurisdiction
includes a temporal restriction,11 in the instant case, the State of El Salvador, in keeping
with its acknowledgment of international responsibility in its brief answering the application
and with observations on the pleadings and motions brief, and reiterated in its brief
clarifying the said acknowledgement as well as in its final oral and written arguments,
“declared its acceptance of the jurisdiction of the Court […] in the specific case of Gregoria
Herminia Contreras et al., which is the purpose of the application,” without any temporal
limitation (supra para. 6 and infra Chapter IV). That is to say, in all the procedural stages
before the Court, the State has clearly expressed its willingness to acknowledge all the facts
that occurred, as well as the violations that are declared in this case and their juridical
consequences, expressly granting the Court jurisdiction to rule on all aspects of this case.
The Court assesses positively the declaration made by the State for this specific case (supra
para. 6). Consequently, the Court will now decide on the merits and possible reparations in
this case.
IV
ACKNOWLEDGMENT OF INTERNATIONAL RESPONSIBILITY
17.
Invoking statements it had made during a hearing held before the Inter-American
Commission on Human Rights in another case, the State acknowledged that, “in the context
of the armed conflict that took place in the country between 1980 and 1991, there was a
systematic pattern of forced disappearances of children and adolescents in different areas,
especially in those most affected by armed combat and military operations.” In addition, it
acknowledged that “the disappearance of Gregoria Herminia, Serapio Cristian and Julia Inés
11
The instrument by which El Salvador accepted the compulsory jurisdiction of the Court includes a temporal
limitation with regard to the cases that could be submitted before the Court, as follows:
I.
The Government of El Salvador accepts the jurisdiction of the Inter-American Court of Human
Rights as an ipso jure obligation and without special convention, in keeping with the provisions of Article
62 of the American Convention on Human Rights or the “Pact of San Jose.”
II
Upon accepting this jurisdiction, the Government of El Salvador records that its acceptance is in
force for an indefinite period under conditions of reciprocity and with the reservation that the cases in
which jurisdiction is acknowledged refer solely and exclusively to subsequent facts or judicial acts, or facts
or judicial acts that began to be executed after the date on which this Declaration of Acceptance was
deposited, […].
[…]
Cf. Text of the declaration of acceptance of the compulsory jurisdiction of the Court presented to the OAS General
Secretariat on June 6, 1995.