-30operation known as the “guinda de mayo” in 1982 have been resolved and all the
young people that the Asociación Pro-Búsqueda has traced were found alive.
48(9) In its investigations, Pro-Búsqueda only received State assistance from the
Attorney General’s Office and from the Ombudsman’s Office. In collaboration with
the latter, it reviewed and verified the files of the orphanages that were operating
during the armed conflict. Pro-Búsqueda also had access to files before the domestic
courts, but not to information filed in military facilities.
48(10) While the Special Transitory Act to establish the civil status of undocumented
persons affected by the conflict was in force, María Victoria Cruz Franco registered
some of her children in the mayor’s office, including her daughters, Ernestina and
Erlinda Serrano Cruz. The law was intended “for cases when, owing to the violence
experienced by El Salvador, an individual’s birth could not be registered normally in
the respective registry office of the mayor’s office, or for cases in which an individual
had been registered, but the records no longer exist[ed], because they had been
destroyed.” This law established that “[t]he registrations will be made in the registry
office and the certifications issued by the respective head of the registry office or the
local mayor for the effects set out in the Civil Code and other laws.”
48(11) Most of the children who entered an orphanage during the armed conflict had
no documents to identify them, so they were registered in the mayors’ offices with
other first and last names; usually those of one of the persons who had brought
them up or of a fictitious person. This meant that relevant information, such as first
and last names, and place and date of birth, was altered, which made it very difficult
to trace them.
48(12) On October 13, 1999, the Asociación Pro-Búsqueda submitted a proposal for a
draft “law to create a national commission to trace the children who disappeared as a
result of the internal armed conflict” to the Legislative Assembly of El Salvador.
However, on November 22, 2000, the Asociación Pro-Búsqueda was notified that it
was not possible to obtain “the consensus required for a favorable opinion” on the
adoption of the draft law, since a “similar commission” already existed, known as the
“Attorney General’s Committee (Mesa del Procurador), because, in August 2000, the
Attorney General had invited several State institutions and the Asociación ProBúsqueda to a meeting in order to advance “investigations into the disappearance of
children during the armed conflict.” However, the Attorney General only obtained the
support of Pro-Búsqueda for this initiative. “Given the ineffectiveness of the
measures taken […] and the absence of results,” the Asociación Pro-Búsqueda
withdrew from the committee in March 2002, and, subsequently, repeated its
request that the Legislative Assembly adopt the law creating a national tracing
commission.
48(13) On October 5, 2004, the President of El Salvador issued Executive Decree No.
45, creating the “Inter-institutional Commission to trace children who disappeared as
a result of the armed conflict in El Salvador.” The decree indicated that this
commission “would have the mandate of collaborating with the public institutions
involved in or responsible for the protection of children, in the search for children
who were involuntarily separated from their families,” and of promoting reunification
with their next of kin. In addition, the Decree established that the Commission would
be composed only of State authorities, but that “it c[ould] rely on the collaboration of
other public institutions, […] and of private organizations that were also working to
achieve the purpose of the Commission.”