-81a) The Serrano Cruz family disintegrated as a result of the military raid, the loss of two of its members, and the denial of justice by the authorities; b) “For more than 20 years the Serrano family have been taking different measures – some before the authorities and others before other organizations – in order to find Ernestina and Erlinda, and they have knocked on a multitude of doors merely to obtain justice. To date, […] they have not traced the [children who are] young women today, and justice has not been done in the case”; c) “Although the whole family has suffered,” those most affected are: Suyapa Serrano, sister of Ernestina and Erlinda Serrano Cruz, and María Victoria Cruz Franco, their mother, who “has had to live with the remorse of not having protected her daughters, and also not finding them”; d) “The Serrano family has not been able to mourn the possible death of the children. In this regard, […] the impossibility of mourning for disappeared children [causes] their families ‘instability and sorrow,’ because it supposes that they should consider them dead”; e) The feeling of sorrow “is aggravated owing to the indifference of the authorities […, because] the family resort[ed] to different State bodies to investigate the facts, without obtaining any result; […] they have been treated in an unseemly fashion and they have been accused of trying to make money out of the memory of the children. [Moreover], instead of giving them a reasonable answer about the whereabouts of the children, the State has insisted in trying to demonstrate that Ernestina and Erlinda never existed”; f) The testimonies of the children’s mother and their siblings make it clear that “the suffering they endured owing to the disappearance of the children was very intense; their lives have not been the same since June 1982”; g) The Court should establish “an amount to compensate the next of kin of Ernestina and Erlinda for the violation ‘of the rights to judicial guarantees, due process, and access to an effective recourse’”; and h) They requested the Court to establish, in fairness, the reparation that the State must pay for the non-pecuniary damage caused to Ernestina and Erlinda and their family, based on the gravity of the facts, the sorrow suffered and the consequences that persist. Arguments of the State 155. Regarding the alleged non-pecuniary damage, the State indicated that: a) “It is not true that the Serrano Cruz family have been looking for the children for 20 years.” It has been proved that they only returned from Mesa Grande, Honduras, in 1993. An Amnesty Act was enacted in El Salvador in 1983, which permitted the reinsertion of the population that had collaborated with the guerrilla. Additionally, the Intergovernmental Human Rights Commission existed in 1983, which “allowed disappeared persons to be traced.” The Serrano Cruz family “did not have recourse” to these

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