-57the alleged inappropriateness of the remedy did not necessarily stem from the time
that had elapsed from the moment when the alleged event took place, but from the
lack of an effective and appropriate investigation.
85.
The Court has noted that during the investigation, the head of the Salvadoran
Red Cross Tracing Office showed the executing officer a document with important
information on the places where the Red Cross took 52 children, aged from new-born
to 12 years old, found in Chalatenango in June 1982 (supra para. 48(18)). The file of
the habeas corpus procedure does not contain a copy of this document, because the
executing officer merely drew up a record of this action and recorded part of the
contents of the document. The executing officer conducted an incomplete
investigation, because she did not visit the centers indicated in the document, and
Ernestina and Erlinda could have been taken to one of them. In the official record of
this action, the executing officer concluded that “the whereabouts of the children,
Ernestina Serrano Cruz and Erlinda Serrano Cruz, [were] not mentioned in those
documents, since [the Salvadoran Red Cross] d[id] not conduct investigations […]
and only provided assistance to those who needed it; consequently, no type of
official document that […] [might] indicate the whereabouts of the children [was] to
be found in [that] office.” During the habeas corpus procedure no effort was made to
locate the soldiers who, according to the alleged victims’ mother, could have been
asked to provide information (supra para. 48(15) and 48(17)).
86.
The Court considers that, despite the time that had elapsed since the alleged
disappearance of Ernestina and Erlinda, the remedy of habeas corpus could have
been effective to determine the whereabouts of the alleged victims or to make
significant progress in this regard, if the relevant procedural actions had been carried
out diligently, given the extensive powers of the executing officer and the obligation
of the State authorities to provide the latter with any information she requested.
Moreover, the information provided by the Red Cross and by Ernestina and Erlinda’s
mother could have been investigated. To the contrary, this proceeding was dismissed
once the executing officer had conducted a few, insufficient actions regarding two of
the requests to seek information indicated by the alleged victims’ mother and she did
not even manage to summon the two soldiers named by the latter (supra para.
48(15) and 48(19)). The executing officer did not take the initiative to take any
measure or make any request for information, over and above the actions requested
by the alleged victims’ mother.
87.
Having established that the remedy of habeas corpus could have been
effective in determining the whereabouts of the alleged victims in this case, or have
contributed to significant progress in this regard (supra para. 86), the Court will
examine the effectiveness of the remedy of habeas corpus and of the criminal
proceedings before the Chalatenango Trial Court. To this end, it will examine the
diligence with which the judges conducted these proceedings, and also the diligence
with which the prosecutor requested and the judges ordered the probative actions
needed to determine what happened to Ernestina and Erlinda, trace their
whereabouts, and investigate and punish those responsible.
88.
This Court has establishes that, as the competent authority to lead the
process, the judge has the obligation to conduct it35 in a manner that took into
account the reported facts and their context so as to manage the proceedings as
35
Cf. Case of Myrna Mack Chang, supra note 8, para. 207.