-99embodied in Articles 8(1) and 25 of the American Convention on Human Rights, in
relation to Article 1(1) thereof, to the detriment of Ernestina and Erlinda Serrano
Cruz and their next of kin, in the terms of paragraphs 53 to 107 of this judgment.
Dissenting Judge ad hoc Montiel Argüello.
By six votes to one, that:
2.
The State has violated the right to humane treatment embodied in Article 5 of
the American Convention on Human Rights, in relation to Article 1(1) thereof, to the
detriment of the next of kin of Ernestina and Erlinda Serrano Cruz, in the terms of
paragraphs 111 to 115 of this judgment.
Dissenting Judge ad hoc Montiel Argüello.
By five votes to two, that:
3.
It will not rule on the alleged violations of the rights of the family, the right to
a name, and the rights of the child, embodied in Articles 17, 18 and 19 of the
American Convention on Human Rights, respectively, in the terms of paragraph 125
of this judgment.
Dissenting Judges Cançado Trindade and Ventura Robles.
By six votes to one, that:
4.
It will not rule on the alleged violation of the right to life embodied in Article 4
of the American Convention on Human Rights, in relation to Article 1(1) thereof, to
the detriment of Ernestina and Erlinda Serrano Cruz, in the terms of paragraphs 130
to 132 of this judgment.
Dissenting Judge Cançado Trindade.
AND DECIDES:
By six votes to one, that:
5.
This judgment constitutes per se a form of reparation, in the terms of
paragraphs 157 and 201 thereof.
Dissenting Judge ad hoc Montiel Argüello.
6.
The State shall, within a reasonable time, carry out an effective investigation
into the reported facts in this case, identify and punish those responsible and
conduct a genuine search for the victims, and eliminate all the obstacles and
mechanisms de facto and de jure, which prevent compliance with these obligations in
the instant case, so that it uses all possible measures, either through the criminal
proceedings or by adopting other appropriate measures, and shall publicize the result
of the criminal proceedings, in the terms of paragraphs 166 to 182 of this judgment.
Dissenting Judge ad hoc Montiel Argüello.
7.
The State shall adopt the following measures to determine the whereabouts
of Ernestina and Erlinda Serrano Cruz: establishment of a national commission to
trace the young people who disappeared during the armed conflict when they were
children, with the participation of civil society; creation of a search web page; and
creation of a genetic information system, in the terms of paragraphs 183 to 193 of
this judgment.
Dissenting Judge ad hoc Montiel Argüello.
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