-15During the first years of the armed conflict, the remedy of habeas corpus was
utterly ineffective for locating and obtaining the liberty of those who had been
disappeared forcibly. Between 1984 and 1986, a large number of petitions for
habeas corpus were filed, and they were totally ineffective in cases of
detentions and forced disappearances. The denial of the remedy of habeas
corpus in favor of disappeared persons continued throughout the 1990s. As
of the judgment delivered in case 379-2000 in favor of the children, Ana Julia
and Carmelina Mejía Ramírez, the restrictive concept of habeas corpus as a
procedure limited to protecting the victim only in cases of illegal detention
and not in cases of forced disappearance was overruled. In this regard,
positive progress was made in case law, “because habeas corpus was
considered admissible for cases of disappearance.” However, the
Constitutional Chamber “annulled the effectiveness of the remedy,” because it
did not integrate the obligation to take measures to establish the
whereabouts of disappeared persons into the habeas corpus procedure. The
Army high command repeatedly denied the existence of the crimes and
hindered investigations. Those who took steps to trace their next of kin
suffered persecution and placed their lives in danger.
In its final report, the Truth Commission recommended a thorough judicial
reform and the resignation of all the member of the Supreme Court of Justice.
Following the armed conflict, the justice system has been incapable of
initiating reliable and effective investigations into the crimes that occurred
during this conflict. In El Salvador, “a situation of impunity has been created,”
which is clearly reflected in the 1993 Amnesty Act. Most of the cases brought
before the courts when the conflict ended were filed, owing to application of
the said law or the statute of limitations, and many proceedings concerning
forced disappearance were filed, based on the argument that the
investigations had been exhausted without achieving effective results.
In 1998 and 2003, the El Salvador Ombudsman’s Office issued public reports
on the pattern of forced disappearances of children during the conflict, and its
impunity. The expert witness referred to the recommendations made by the
Office in this regard, which have not been complied with.
b)
Proposed by the representatives
4.
Ana C. Deutsch, psychologist
The expert witness interviewed the Serrano Cruz family on February 14,
2004. She conducted individual interviews with Ernestina and Erlinda’s
mother and with the following siblings: Suyapa, Martha, Rosa and José
Fernando, all Serrano Cruz. She was unable to interview Arnulfo and Oscar
Serrano Cruz, Ernestina and Erlinda’s brothers; however, the family indicated
that they suffered just as much. She reached the following conclusions: the
children’s disappearance created an “ambiguous area” in the life of the family
owing to the uncertainty of not knowing where they were and to the hope
that they would appear at any moment. The uncertainty, ambiguity and
impotence caused the members of the family great sorrow and were a
“source of permanent anxiety” that was renewed each day. The
disappearance of the children was very harsh for the mother, owing to their
age at the time they disappeared.