57
Convention.287 Therefore, in the instant case, in addition to the criteria already established, it is
necessary to assess the relevance and timeliness of reiterating certain reparations, bearing in mind
those previously ordered in the aforementioned cases or, if appropriate, to order again or not order
those that are now being requested again and that had not been required previously.
180. Taking into account the violations of the American Convention declared in previous chapters
of this judgment, and the considerations outlined in the preceding paragraphs, the Court will now
examine the claims presented by the Commission and the representatives, together with the
arguments of the State, in light of the criteria established in the Court’s case law in relation to the
nature and scope of the obligation to make reparation, in order to establish measures 288 aimed at
repairing the harm caused to the victims.
A.
Injured party
181. Under the terms of Article 63(1), those who have been declared victims of the violation of any
right embodied in the Convention are considered injured parties. Therefore, this Court considers that
the following are “injured parties”: José Adrián Rochac Hernández, Santos Ernesto Salinas, Emelinda
Lorena Hernández, Manuel Antonio Bonilla and Ricardo Abarca Ayala, together with the 35 next of kin
named in the Commission’s merits report and recognized by the State, who are listed in paragraph
34 supra of this judgment and who, as victims of the violations declared in this judgment, will be the
beneficiaries of the reparations ordered below by the Court.
B.
Obligation to investigate the facts that resulted in the violations and to identify,
prosecute and, if appropriate, punish those responsible, as well as to determine the
whereabouts of the victims
182. The Commission noted that “the situation of impunity in the instant case is merely a reflection
of a situation of structural impunity in relation to cases of serious human rights violations that took
place during the armed conflict in general, and in cases of forced disappearance of children in
particular.” Consequently, it considered that the measures related to the investigation and punishment
of those responsible “must begin by considering the structural deficiencies already described, including
the effect of the Amnesty Law and the absence of investigative and judicial institutions capable of
responding to the situation experienced during El Salvador’s armed conflict.”
Considerations of the Court
183. For the Court it is evident that the victims of prolonged impunity, as confirmed in the two
previous cases and in the instant case in relation to the investigation of forced disappearances of
children during the armed conflict, suffer different adverse effects in their search for justice, not only
of a pecuniary nature, but also distress and damage of a psychological and physical nature, and to
their life project, as well as other possible disruptions in their social relationships, and in the dynamics
of their families and communities.289
184. The Court reiterates that both the investigation and the search for disappeared persons are
imperative State obligations, and reaffirms the importance of conducting these actions in accordance
Cf. Case of Zambrano Vélez et al. v. Ecuador. Merits, reparations and costs. Judgment of July 4, 2007. Series C No.
166, para. 153, and Case of Veliz Franco et al. v. Guatemala, supra, para. 260.
287
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, supra, paras. 25 to 27, and Case of López
Mendoza v. Venezuela. Merits, reparations and costs. Judgment of September 1, 2011. Series C No. 233, para. 208.
288
Cf. Case of the Pueblo Bello Massacre v. Colombia. Merits, reparations and costs. Judgment of January 3, 2006. Series
C No. 140, para. 256, and Case of the Massacres of El Mozote and nearby places v. El Salvador, supra, para. 305.
289