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disappearance existed. The Chamber also held that this judgment is not res judicata, and, therefore, if
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new information is forthcoming, it is possible to file a new writ of habeas corpus.
D.
With respect to Santos Ernesto Salinas
97.
Santos Ernesto Salinas was born November 28, 1972, in the canton of San Antonio
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Achilquiquito, jurisdiction of San Vicente.
98.
Santos Ernesto Salinas is the son of María Adela Iraheta, who died on October 21, 2005,
and Manuel Eugenio Salinas. At the time of his disappearance he had three siblings by both parents
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(Amparo, Estela, and Josefina Salinas); and two brothers by his mother, Julio and Felipe Flores Iraheta .
1.
Facts surrounding his disappearance
99.
Following is a description of the facts that surrounded the disappearance of Santos
Ernesto Salinas based on the narration of the petitioners, which has been recognized by the State in the
procedure before the Inter-American Commission. This narration also agrees with the brief filing the writ
of habeas corpus mentioned infra.
100.
On October 15, 1981, the guerrilla forces brought down the bridge known as Puente de
Oro in the canton of San Nicolás Lempa. Days later, the government conducted a sweep in San Nicolás
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Lempa that included soldiers from the Atlacatl Battalion and the National Guard. The press documented
this operation as a “wrap-around operation” (“operación envolvente”) that sought to combat and corner
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the guerrillas who had destroyed the Puente de Oro.
101.
In the context of this operation, Santos Ernesto Salinas, 9 years old, was outside of his
home with his father and a person by the name of Wilber Torres when the soldiers came in to the place.
As the soldiers approached, they ordered Manuel Eugenio Salinas to leave or he would be killed, so he
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had to leave the place and leave his son there. The child fled along with Mr. Torres to the store of Mr.
Torres’s aunt, a woman by the name of Tomasa Torres. At that place, in addition to the persons already
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mentioned, there were other persons.
102.
At the moment that Santos Ernesto was taking refuge, soldiers, including from the
Atlacatl Battalion, forcibly entered and detained all those present. They then led them to the banks of the
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river and assassinated all those who were not children. After the assassination of these persons,
residents of the place saw a child who matched the physical description of Santos Ernesto Salinas being
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transported in underwear by the soldiers . From that moment his whereabouts have been unknown.
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Annex xx. Judgment of Habeas Corpus, Constitutional Chamber, Supreme Court of Justice of El Salvador, March 3,
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Annex xx. Birth certificate of Santos Ernesto Salinas, issued December 5, 1972.
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Facts described by the petitioners, acknowledged by the State.
Narration of the petition, coinciding with: Annex xx. Filing of writ of habeas corpus, October 17, 2002.
2003.
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69
Annex xx. Diario de Hoy, October 29, 1981, p. 2.
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Facts narrated by the petitioners, recognized by the State. In general these facts agree with the narration set forth in the
habeas corpus motion of October 17, 2002.
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Facts narrated by the petitioners, recognized by the State. In general these facts agree with the narration set forth in the
habeas corpus motion of October 17, 2002.
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Facts narrated by the petitioners, recognized by the State. In general these facts agree with the narration set forth in the
habeas corpus motion of October 17, 2002.
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Facts narrated by the petitioners, recognized by the State. In general these facts agree with the narration set forth in the
habeas corpus motion of October 17, 2002.