-24that she considered it “quite a large amount.”
7.
Miguel Uvence Argueta Umaña, prosecutor responsible for the
case of Ernestina and Erlinda Serrano Cruz
Since 1998 he has been Head of the Private Patrimony Unit of the
Chalatenango Prosecutor’s office. He took on the case of the Serrano Cruz
children in January 2002 as the special prosecutor; however, he took the first
measures in October 2003. Before the witness, many other prosecutors had
been in charge of the investigation of this case, which was normal.
When he began to investigate the case, the witness was “focusing” on the
Armed Forces records because he thought he would be able to find important
information there. However, around October 2003, the Deputy Ombudsman
told him that he should visit the place where the Serrano Cruz family lived in
1982 and talk to the people. He began to interview people living in the area
where the family lived, which is a rural area, because “it was necessary to
find some clue” about the possible whereabouts of the Serrano Cruz girls, and
also to find out whether the children were known. He interviewed four
witnesses who stated that they knew the Serrano Cruz family and lived near
to them, but who did not know Ernestina and Erlinda. He believed what they
told him. He also decided to interview Esperanza Franco Orellana again; in a
statement made previously, she had declared that, when she was in La Sierpe
with her mother, the latter had told her that she had seen María Victoria Cruz
Franco’s daughters descend from a helicopter.
When the witness re-interviewed Mrs. Franco Orellana, she told him that she
had lied in her previous statement, because Mrs. Cruz Franco had asked her
to say that she had seen the children get into a Red Cross vehicle, but the
truth was that she did not know the Serrano Cruz girls. The day after this
interview, the investigators who accompanied the witness took Mrs. Franco
Orellana to the court to give testimony. Accompanied by one of the State’s
representatives in the proceeding before the Court, he visited Esperanza
Franco Orellana to ask her to accompany them to San José, Costa Rica, to
give testimony before the Court. Mrs. Franco Orellana told them that she
would think about it and that one of her children was ill and she had a
problem because she had not been given the title deeds to her house. They
told her that they could coordinate with the authorities to provide medical
care to her son in a public hospital and, regarding the legal problem, they told
her that she should seek the aid of the Ombudsman, but they did not give her
any money to solve these problems. The witness specified the amount of
money that the State gave to the State’s representative before the Court, to
Mrs. Franco Orellana and to himself, as traveling expenses to appear before
the Court.
He did not interview any member of the Serrano Cruz family because “they
were not well disposed towards the prosecutor”; it was a precaution that had
to be taken because the case was before the Inter-American Court. He does
not know the members of the Serrano Cruz family; he never spoke to them.
In addition, he did not interview them because “they had been interviewed
several times,” and there were inconsistencies in the statements made by the
children’s mother, who had not described the girls.