-611982 and talk to people. 100. With regard to this change in the course of the investigation, it is worth noting that, in October 2003, the prosecutor requested the judge to summon five people to testify, because he had “received out-of-court information [… that the said] people c[ould] provide information that [would] help clarify the facts under investigation.” These people were summoned by the judge the same day or the day after the prosecutor made the request, and all of them testified the day of the summons or the following day that they did not know that Ernestina and Erlinda Serrano Cruz were María Victoria Cruz Franco’s daughters and that they did not know the girls. The Court observes that, a few days later, these people were proposed as witnesses before the Inter-American Court by the State Agents, in their brief with preliminary objections, answering the application and observations on the requests and arguments brief. 101. Also, at the end of October 2003, the prosecutor requested the Chalatenango Trial Court to again summon María Esperanza Franco Orellana de Miranda to testify (supra para. 48(35) and 48(71)), because he had “received out-of-court information that the said witness c[ould] provide information that [would] help clarify the […] facts under investigation.” The day that the prosecutor submitted the request that Ms. Franco Orellana de Miranda’s testimony should be heard, the judge, instead of summoning her, summoned the alleged victims’ mother to testify. However, the judge did receive the testimony of the person the prosecutor had requested. In her second statement, Ms. Franco Orellana, contradicted what she had said in her first statement, made on September 23, 1997 (supra para. 48(35)), and stated that “it [was] not true that [… she had seen] the children, ERLINDA AND ERNESTINA SERRANO, descend from a helicopter and get into a Red Cross vehicle[, … because she] never knew or saw the [Serrano Cruz sisters] and had never heard their names before.” The State’s Agents in the proceedings before the Court also proposed this person as a witness. At the request of the prosecutor, the judge also ordered that expert appraisals should be carried out to verify the authenticity of the baptismal records of Erlinda and Ernestina Serrano Cruz kept by the Catholic Church, even though, in addition to these records, the births of Ernestina and Erlinda had been registered, because while the Special Transitory Act to establish the civil status of undocumented persons affected the conflict was in force, María Victoria Cruz Franco had registered her daughters, Ernestina and Erlinda Serrano Cruz, in the respective mayors’ offices (supra para. 48(10)). The baptismal register where the baptism of Erlinda Serrano Cruz was registered was seized, based on article 183 of the 1973 Code of Criminal Procedure, which refers to the seizure of “objects or instruments relating to a crime” (supra para. 48(76)). 102. The Court can only note that these efforts to prove the alleged victims did not exist conflict with the fact that, in its investigations into cases of children who disappeared during the armed conflict, the Salvadoran Ombudsman’s Office referred specifically to the case of Ernestina and Erlinda Serrano Cruz in two decisions and one report (supra para. 48(3), 48(4) and 48(5)). In the decision issued on March 30, 1998, it stated, inter alia, that, in the criminal proceedings concerning what happened to Ernestina and Erlinda, a violation “of due process of law [was occurring,] owing to acts that denied justice and failed to comply with the right to receive justice promptly[, …] which could be attributed to the competent judge”; and it recommended that she should “be more diligent regarding the principle of procedural effectiveness.” In his special report of September 2, 2004, “into the forced disappearance of the children, Ernestina and Erlinda Serrano Cruz, its current

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