Practice Relating to Rule 98. Enforced Disappearance
Section C. Investigation of enforced disappearance
In 2010, in its written replies to the Human Rights Committee concerning its sixth periodic report, El Salvador stated in response to a question on the search for persons disappeared in the context of the internal armed conflict:
61. [The current Government of El Salvador, which assumed its functions on 1 June 2009,] … has recognized the right of the families of victims of enforced disappearance … to have access to a judicial remedy and to obtain reparations in accordance with the standards of International Human Rights Law applicable to El Salvador.
63. … [T]here has recently been important case law from the Constitutional Division of the Supreme Court of Justice, which in Habeas Corpus
proceedings have extended the right to judicial protection of victims of enforced disappearance and transferred different cases to the Office of the Public Prosecutor for the investigation of these. In this respect, the Constitutional Division has held that a judgment against the defendant … [in habeas corpus
proceedings] cannot have an immediate restorative effect. … [T]hus, the duty to investigate and establish the material situation of disappeared persons would fall to the Office of the Public Prosecutor, without the need for the act to have been previously classified as an offence.
(footnote in original omitted)