- 12different given name and surname to that assigned by their parents, and it is even
possible that they have changed nationality.
164. As has been shown (supra para. 48(6)), around 246 cases of children who
disappeared during the armed conflict have been resolved. Nevertheless, the Court
has noted with concern that the efforts to trace them and the results achieved were
not based on State initiatives, but were due fundamentally to the activities of the
Asociación Pro-Búsqueda and the next of kin of the disappeared persons (supra
paras. 48(2) and 48(6)). The Committee on the Rights of the Child ruled on this lack
of State participation (supra para. 154).19
165. The Ombudsman's Office came to a similar conclusion in its resolution of
September 2, 2004, when it stated that:
[…] some [… disappeared] children have been found owing to the permanent efforts of
their next of kin with the support of the Asociación Pro-Búsqueda, but not of the
Salvadoran State, because the latter has not made the least effort to investigate or[,] at
least, facilitate free access to documents and records in order to trace them;
[…] it has made practically no effort to return the children who disappeared in the
context of the armed conflict or make reparation to them or their next of kin. This
burden has been borne by non-governmental organizations, particularly the Asociación
Pro-Búsqueda de Niños y Niñas Desaparecidos, which has been working in this area for
ten years.
166. The children who disappeared during the domestic armed conflict were found
alive in different situations; for example, integrated into a family in El Salvador or
abroad, either by legal adoption (formal adoption) or de facto adoption or
appropriated by civilians or members of the Army, and also in orphanages (supra
para. 48(6)). It has been shown that children have been found in El Salvador and in
11 countries of the Americas and Europe. The Asociación Pro Búsqueda is
investigating 126 cases of international adoptions, and also cases of alleged victims
of the illicit trafficking of children (supra para. 48(6)).
167. The situations described make the search process very complex. The State
and its institutions should perform it very diligently, bearing in mind that the Serrano
Cruz sisters, who could be in any of the situations described above, may be living
with different given name and surnames and nationality. It is also feasible that they
are completely oblivious of their family relations and know nothing of the search
undertaken by their mother and siblings (supra para. 48(83)). In this regard, the
Court considers it essential that El Salvador start to try and trace Ernestina and
Erlinda using all possible investigative techniques and not merely using their given
name and surnames, or only approaching the institutions they contacted during the
criminal proceedings and the habeas corpus procedure.
168. In this regard, as the Court has stated, it is probable that Ernestina and
Erlinda are alive, as in the case of other children who have been traced, and who
disappeared during the 1982 “guinda de mayo” (supra para. 48(8)). This makes the
obligation to re-establish the names of the Serrano Cruz sisters particularly
important, should this be applicable and should they so wish.
19
U.N. Committee on the Rights of the Child. Examination of the reports presented by the State
parties under Article 44 of the Convention. Concluding observations on El Salvador of June 30, 2004.
CRC/C/15/Add.232, para. 31.
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