-46relation to Article 1(1) thereof, the Commission alleged that: a) “The El Salvador Judiciary prevented the Serrano Cruz family from discovering the whereabouts of Ernestina and Erlinda.” “The criminal investigation against the members of the Atlacatl Battalion has never made any progress.” “The entire series of judicial actions that have been carried out do not meet the parameters of diligence and effectiveness required by international law for the investigation of human rights violations.” The State has not identified or punished those responsible for what happened to Ernestina and Erlinda Serrano Cruz; b) “Even though, in this case, the Salvadoran State has the responsibility of determining what happened to the Serrano Cruz sisters as of June 1982, it has not done so.” Albeit this was its obligation, the State did not submit evidence to disprove the reported fact, “nor did it provide any evidence that it had conducted an investigation to determine what happened”; c) “In its observations on the merits of the case, […] the State merely described an investigation characterized by the mechanical repetition of court proceedings, with no action that would show its determination to conduct an investigation, clarify the facts and punish those responsible; even though it had full authority over all the basic elements of the investigation”; d) After the application had been filed, the proceedings conducted in the Case of the Serrano Cruz Sisters “by the Salvadoran judicial authorities were aimed at sowing doubts about the very existence of the Serrano Cruz sisters; incriminating the family, owing to alleged collaboration with the FMLN guerrilla, and even modifying the testimony that María Esperanza Franco de Orellana had given in the domestic jurisdiction. The testimony that Mrs. Franco de Orellana gave before the Court confirmed clearly that she had received offers of help for several personal matters from the prosecutor, Miguel Uvence, and also her previous statements regarding her fear of the prosecutors.” In the months before the public hearing before the Court, the judicial investigation was completely paralyzed. The judicial authorities committed grave omissions in the collection of evidence; and e) The State did not respect the right to judicial protection, in the context of due process, as required by Articles 8 and 25 of the Convention. “Consequently, the State is responsible for the violation of both articles to the detriment of Ernestina and Erlinda Serrano Cruz and their sister and mother.” Arguments of the representatives of the alleged victims and their next of kin 50. With regard to Articles 8(1) and 25 of the Convention, in relation to Article 1(1) thereof, the representatives stated that they endorsed the arguments submitted by the Commission and considered that “there had been a double violation of Articles 8 and 25 of the Convention: first, concerning the Serrano children and, second, in relation to their next of kin.” Regarding the violation of these rights, they stated that: a) The State had the obligation to conduct an exhaustive and impartial investigation to determine the whereabouts of the children, and identify and

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