INTER-AMERICANE COURT OF HUMAN RIGHTS: Contreras et al. vs. El Salvador


Facts :During the civil war in Salvador, between 1981 and 1983, the State proceeded to kidnapping of children. The circumstances of these kidnappings have not always been identified, and some children, now adults, find it difficult to know their origins.

Claimants : Inter-American Commission on Human Rights, following a complaint initiated by the Asociación pro-busquéda de niños y niñas, and the CEJIL

Rights at Stakes :Obligation to respect the rights of the Convention, obligation of non-discrimination, right to a judicial personality, right to life, prohibition of arbitrary detention, right to physical, mental and moral dignity, right to appeal to the competent and court, right to a fair trial, right to be heard in reasonable delays by a competent and independent court, right to a family name, rights of the child, right to judicial protection

Texts : Inter-American Convention on Human Rights (IACHR) Art 1, art 1(1), art 3, art 4, art 4(1), art 5, art 5(1), art 5(2), art 7, art 7(6), art 8, art 8(1), art 11, art 11(2), art 17, art 17(1), art 18, art 19, art 25, art 25(1)

Solution : The Court estimated that, since the circumstances of the kidnappings was never cleared, the people responsible should not be punished or identify, the State had violated the Convention (in the articles quoted in the ‘’Rights at Stakes”).