31
units, no records or information appear related to the possible restriction or deprivation of liberty [of
Ricardo Abarca Ayala], in the place and on the date mentioned in the request, or on other dates and
places.”163 The Minister of Defense issued a statement in the same terms.164 Consequently, on March
6, 2003, the Constitutional Chamber of the Supreme Court dismissed the habeas corpus action,
arguing that “no minimum indicium was produced by the petitioner to give rise to the conviction that
a forced disappearance in fact occurred.”165
86.
Regarding the habeas corpus action related to Manuel Antonio Bonilla, in response to an inquiry
by the executing judge appointed for that proceeding, the Head of the Joint Chiefs of Staff of the
Armed Forces stated that, “upon reviewing that institution’s archives, and those of various military
units, no records or information appear regarding the possible restriction or deprivation of the
ambulatory liberty […] of the minor Manuel Antonio Bonilla Osorio, in the place and date mentioned
in the request, or on other dates and places.”166 The executing judge reported that the Minister of
Defense issued a statement in the same terms and that when he consulted the Fifth Infantry Brigade
he was told that they “had no information about this case.” 167 Accordingly, on May 26, 2003, the
Constitutional Chamber of the Supreme Court dismissed the writ of habeas corpus, arguing that “no
minimum indicium was produced by the petitioner to give rise to the conviction that a forced
disappearance in fact occurred.”168
87.
Since August 22, 1982, the whereabouts of Manuel Antonio Bonilla or of Ricardo Abarca Ayala
remain unknown.
VII
MERITS
88.
The Court will now open the corresponding chapters to examine sequentially the violations
related to the forced disappearances, and the violations related to their investigation, as stated supra
in Chapter IV.
VII-1
VIOLATIONS RELATED TO THE FORCED DISAPPEARANCES: RIGHTS TO PERSONAL
LIBERTY, HUMANE TREATMENT, LIFE, RECOGNITION OF JURIDICAL PERSONALITY,
PRIVATE AND FAMILY LIFE, IDENTITY, PROTECTION OF THE FAMILY AND OF THE CHILD,
IN RELATION TO THE OBLIGATIONS TO RESPECT AND GUARANTEE RIGHTS
89.
In this chapter, the Court will rule, where appropriate, on the scope of the violations related
to the forced disappearances, having regard to the particular features of this practice against children
in the Salvadoran context.
Ruling issued by the Constitutional Chamber of the Supreme Court in habeas corpus proceeding No. 18-2003 on March
6, 2003 (evidence file, volume V, annex 32 to the brief of pleadings, motions and evidence, folios 2447 to 2449).
163
Cf. Ruling issued by the Constitutional Chamber of the Supreme Court in habeas corpus proceeding No. 18-2003 on
March 6, 2003 (evidence file, volume V, annex 32 to the pleadings, motions and evidence brief, folios 2447 to 2449).
164
Ruling issued by the Constitutional Chamber of the Supreme Court in habeas corpus proceeding No. 18-2003 on March
6, 2003 (evidence file, volume V, annex 32 to the pleadings, motions and evidence brief, folios 2447 to 2449).
165
Ruling issued by the Constitutional Chamber of the Supreme Court in habeas corpus proceeding No. 25-2003 on May
26, 2003 (evidence file, volume V, annex 28 to the pleadings, motions and evidence brief, folios 2387 to 2389).
166
Ruling issued by the Constitutional Chamber of the Supreme Court in habeas corpus proceeding No. 25-2003 on May
26, 2003 (evidence file, volume V, annex 28 to the pleadings, motions and evidence brief, folios 2387 to 2389).
167
Ruling issued by the Constitutional Chamber of the Supreme Court in habeas corpus proceeding No. 25-2003 on May
26, 2003 (evidence file, volume V, annex 28 to the pleadings, motions and evidence brief, folios 2387 to 2389).
168