-28body of evidence which will be considered as a whole.14
VI
PROVEN FACTS
47.
Having examined the documents and the statements of the witnesses, the
reports of the expert witnesses, and the arguments of the Commission, the
representatives, and the State during these proceedings, the Court considers that
the following facts have been proved
BACKGROUND AND HISTORICAL CONTEXT
48(1) From approximately 1980 to 1991, El Salvador was engaged in an internal
armed conflict during which forced disappearances occurred. The consequences of
the latter were examined and discussed by the Truth Commission for El Salvador
sponsored by the United Nations, the Inter-American Commission on Human Rights,
international organizations, State authorities and bodies, and other organizations.
48(2) On May 31, 1996, the Asociación Pro-Búsqueda de Niños y Niñas
Desaparecidos (hereinafter “la Asociación Pro-Búsqueda” or “Pro-Búsqueda”) filed a
complaint before the Ombudsman’s Office concerning the alleged disappearance of
145 children during the armed conflict in El Salvador; among them, the Association
reported the case of the alleged disappearance of the sisters, Ernestina and Erlinda
Serrano Cruz, in June 1982 in Chalatenango. Their mother, María Victoria Cruz
Franco, initiated the search for her daughters, Ernestina and Erlinda, and resorted to
State authorities and non-governmental organizations, such as Pro-Búsqueda, in
order to trace her daughters and discover what had happened to them.
48(3) Based on Pro-Búsqueda’s complaint, the Ombudsman’s office undertook
several investigations into cases of children who had been victims of forced
disappearance during the internal armed conflict. On February 5, 1998, the
Ombudsman’s Office asked the Chalatenango Trial Court to provide information “on
the current status of the Ernestina and Erlinda case.” On February 9, 1998, the
Chalatenango Trial Court advised the Ombudsman’s Office that case No. 112/93 filed
against members of the Atlacatl Battalion for the abduction of Ernestina and Erlinda
Serrano Cruz had been “totally investigated, and it ha[d] not been possible to
substantiate the alleged crime or the whereabouts of the children.” Two decisions
and one report of the Ombudsman’s Office referred specifically to the case of the
sisters, Ernestina and Erlinda Serrano Cruz. A decision of March 30, 1998, indicated,
inter alia, that, in the criminal case filed concerning what happened to Ernestina and
Erlinda, there had been a violation “of due legal process[,] owing to acts that
constituted denial of justice and failure to comply with the right to receive prompt
justice[, …] which could be attributed to the judge with jurisdiction.” It recommended
she “be more attentive to the principle of procedural diligence.” On May 27, 1998,
the Chalatenango Trial Court filed the criminal proceedings (infra para. 48(25)).
48(4) In the second decision, dated February 10, 2003, the Ombudsman’s Office
reiterated, inter alia, the operative paragraphs of the decision of March 30, 1998,
14
Cf. Case of Lori Berenson Mejía, supra note 3, para. 87; Case of Carpio Nicolle et al., supra note
3, para. 75; and Case of the Plan de Sánchez Massacre. Reparations, supra note 3, para. 48(