-54For example, with regard to the procedural actions relating to the Red Cross, the
prosecutor and the judge let almost one year and eight months elapse from the
moment, during the procedure of inspecting the records, when the Director General
of the Salvadoran Red Cross stated that he “d[id] not have [the] records for the
work of counseling and attention to the displaced for 1982, because the International
Red Cross ha[d] those documents or records,” to take steps to request information
from the International Committee of the Red Cross (supra para. 48(59)). In the case
of the procedural actions concerning the Armed Forces, for example, the prosecutor
and the judge let three months elapse before they made another request and
ordered the inspection of the logbooks and records of the No. 1 Military Detachment
of Chalatenango, which had remained pending when the first inspection was not
carried out because the files were in disarray (supra para. 48(63) and 48(65)).
Likewise, in 2002, a new prosecutor took over the investigation, but almost one year
and eight months elapsed before he took the first measures in the proceedings
(supra para. 48(69)).
72.
Regarding this aspect of the lapse of time without any procedural action being
taken, the Court observes that, although the State declared “it was firmly decided
[…] to continue the search” for Ernestina and Erlinda Serrano Cruz during the public
hearing on September 8, 2004, no action was taken in the criminal proceedings
before the Chalatenango Trial Court from September 6, 2004, until January 21,
2005. It was only after the President of the Inter-American Court had requested the
State to present information on any action that had been carried out in these
criminal proceedings that, two days later, the prosecutor in the case requested the
court to order two measures (supra para. 48(49) and 48(67)).
73.
Furthermore, the State has not proved that the actions of the next of kin of
Ernestina and Erlinda Serrano Cruz caused any of these delays. To the contrary, the
Court has confirmed that, as of the habeas corpus procedure, the alleged victims’
mother submitted information, as did Suyapa Serrano Cruz, the alleged victims’
sister (supra para. 48(15) and 48(30)). As a result of this information, the head of
the Red Cross Tracing Office provided important information to the proceedings,
which, had it been corroborated or investigated, would have allowed the judicial
authorities to take more diligent, effective and prompt action concerning the
investigation into what befell Ernestina and Erlinda Serrano Cruz, the determination
of their whereabouts and the punishment of those responsible (supra para. 48(18),
48(43), 48(45), 48(46) and 48(47)). Likewise, the alleged victims’ mother supplied
the names of two soldiers who might have been involved (supra para. 48(15)), and
the latter did not testify during the habeas corpus procedure “because the exact
addresses of their places of residence did not exist” (supra para. 48(19)) and they
were not summoned during the criminal proceedings (supra para. 48(24) and
48(50)).
74.
In view of the foregoing, the Court considers that the principle of reasonable
time embodied in the American Convention has been disregarded in the criminal
proceedings before the Chalatenango Trial Court.
b)
Effectiveness of the habeas corpus procedure and the criminal proceedings
75.
The guarantee of an effective remedy “constitutes one of the basic pillars, not
only of the American Convention, but also of the rule of law in a democratic society