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He referred to the Truth Commission’s mandate; to the legal norms applied
by the Commission; to the patterns of violence during the armed conflict and
to the investigations in typical cases, some of which served to illustrate the
practice of the forced disappearance of children; to the massacres and
indiscriminate attacks by the Armed Forces on civilian peasant populations,
who were considered to sympathize with or be providing material support to
the guerrilla; to the recommendations made by the Truth Commission; and to
the lack of subsequent criminal proceedings. He also referred to the
systematic shortcomings of justice in El Salvador, especially the failure to
investigate crimes committed with the direct or indirect support of the State
apparatus, which was not capable of controlling the power of the military and
whose “web of corruption, timidity and weakness […] made the work of the
judicial system very difficult,” and to the victims’ fear of submitting
complaints before official or judicial instances.
The Truth Commission recommended a series of judicial reforms to El
Salvador. The inability of the courts to apply the law in cases of violent acts
committed with the direct or indirect protection of the public authorities forms
an integral part of the reality in which the facts investigated by the
Commission occurred. Despite the judicial and legislative reforms that have
been made since the conflict, criminal justice has not been meted out to those
responsible for the grave human rights violations indicated by the Truth
Commission. In March 1993, “strongly pressured by the Army, the legislative
and executive powers adopted an amnesty law that effectively made it
impossible [to conduct] a criminal proceeding against those who were
allegedly responsible” for the said violations.
3.
David Ernesto Morales Cruz, Deputy Ombudsman
The expert witness is a lawyer. From 1990 to 2004, he occupied the following
positions: legal collaborator and investigator in the San Salvador
Archdiocesan Legal Protection Office (OTLA); Head of the Investigation
Department of the Ombudsman’s Office; Director of the project to strengthen
this Office in the area of public safety and criminal policies; Deputy
Ombudsman for Civil and Political Rights of the said Office; and Deputy
Ombudsman for the Defense of Human Rights, a position that he occupied
when he gave his expert report.
He referred to the so-called “scorched earth” military strategy put in practice
from 1980 to 1982 against the civilian population who were believed to
sympathize or collaborate with the guerrilla. The forced disappearance of
children of both sexes was frequent during these operations.
For many years, the Serrano Cruz family was the victim of the indiscriminate
persecution endured by the rural populations in the north and west of
Chalatenango. The military operation, known as “Operación Limpieza”
(Operación Limpieza), carried out in 1982, was one of the largest and most
extensive. Owing to the conditions in which the Serrano Cruz found
themselves after the disappearance of Erlinda and Ernestina, together with
thousands of Salvadorans, they had no possibility of access to justice.