-63obligation to conduct the said proceedings diligently.
106. Based on the foregoing, the Court considers that the habeas corpus procedure
and the criminal proceedings have not complied with the standards of access to
justice and due process enshrined in the American Convention. The State did not
respect the principle of reasonable time in the criminal proceedings processed before
the Chalatenango Trial Court and neither of the two proceedings has been processed
diligently in a manner that would ensure their effectiveness in determining what
happened to Ernestina and Erlinda Serrano Cruz, discovering their whereabouts, and
investigating and punishing those responsible.
107. In view of the foregoing, the Court declares that the State has violated
Articles 8(1) and 25 of the American Convention, in relation to Article 1(1) thereof,
to the detriment of Ernestina and Erlinda Serrano Cruz and their next of kin.
VIII
VIOLATION OF ARTICLE 5 (RIGHT TO HUMANE TREATMENT) OF THE CONVENTION
IN RELATION TO ARTICLE 1(1) THEREOF
Arguments of the Commission
108.
With regard to Article 5, the Commission indicated that:
a)
The Serrano Cruz girls were permanently isolated from their family
and community environment against their will and that of their parents. This
“forced isolation” constitutes a violation of the physical and mental integrity of
the sisters, which continues to this day, to the extent that they continue to be
deprived of their identity and from contact with their biological family owing
to the failure to comply with the obligation to investigate what occurred; and
b)
The mother and sister of Erlinda and Ernestina Serrano Cruz have
suffered from the moment that the forced disappearance occurred. Not
knowing the whereabouts of the alleged victims causes profound anguish to
their next of kin who do not know where they are and whether they are well,
“a matter regarding which no authority has provided them with information.”
Arguments of the representatives of the alleged victims and their next of kin
109.
With regard to Article 5 the representatives stated that:
a)
The next of kin of Erlinda and Ernestina Serrano Cruz have endured
frustration and impotence owing to the failure of the public authorities to
investigate the facts; and
b)
“If it is traumatic for an adult to flee his home to save his life, seeking
refuge desperately in a safe place and becoming separated from his family,
for these children it must have been an extremely harrowing experience,
which continued over time, because they were never reunited with their
family and, what is worse, their whereabouts are unknown.”