2
latter, to the detriment of Ernestina and Erlinda Serrano Cruz and their next of kin, in the
terms of paragraphs 53 to 107 of the […] Judgment.
Judge ad hoc Montiel Argüello informed the Court his dissenting Opinion.
Six votes for and one against, that:
2.
The State breached the right to personal integrity consigned in article 5 of the
American Convention […], in relation to article 1(1) of said, to the detriment of the next of
kin of Ernestina and Erlinda Serrano Cruz, in the terms of paragraphs 111 to 115 of the
[…] Judgment.
Judge ad hoc Montiel Argüello informed the Court his dissenting Opinion.
Five votes for and two against, that:
3.
It would not pronounce judgment on the alleged violation to the right of
protection of the family, right to a name, rights of the child, respectively upheld in articles
17, 18 and 19 of the American Convention […], in the terms of paragraph 125 of the […]
Judgment.
Judges Cançado Trindade e Ventura Robles informed the Court their dissenting Opinions
Six votes for and one against, that:
4.
It would not pronounce judgment on the alleged violation to the right to life
enshrined in article 4 of the American Convention […], in relation to article 1(1) of the
same to the detriment of Ernestina and Erlinda Serrano Cruz, in the terms of paragraphs
130 to 132 of the […] Judgment.
Judge Cançado Trindade informed the Court his dissenting Opinion.
AND DECID[ED]:
Six votes for and one against, that:
[…]
12.
The State is obliged to pay Mrs. Suyapa Serrano Cruz the amount fixed in
paragraph 152 of the […] Judgment, for expenses incurred due to the material damages
inflicted upon the victim’s next of kin, some of which were incurred by the “Asociación Pro
Búsqueda” (Association for the Search of Missing Children), in the terms of paragraph 152
of the […] Judgment.
Judge ad hoc Montiel Argüello informed the Court his dissenting Opinion.
13.
The State is obliged to compensate the victims and their next of kin for non
material damages caused, the amount set in paragraph 160 of the […] Judgment, in favor
of Ernestina Serrano Cruz, Erlinda Serrano Cruz, María Victoria Cruz Franco, Suyapa, José
Fernando, Oscar, Martha, Arnulfo and María Rosa, all bearing the Serrano Cruz surname,
in the terms of paragraph 160 of the […] Judgment.
Judge ad hoc Montiel Argüello informed the Court his dissenting Opinion.
[…]
15.
The State Shall pay compensation amounts and reimburse costs and expenses,
and also adopt the measures of reparation set forth in resolution eight of this Judgment,
within one year of the notification of this judgment, in the terms of paragraph 208 of the
[…] Judgment.
Judge ad hoc Montiel Argüello informed the Court his dissenting Opinion.
[…]
19.
The State shall deposit the compensations ordered in favor of Ernestina and
Erlinda Serrano Cruz in an account or a deposit certificate in a reliable national banking
institution, in United States dollars and in the most favorable financial conditions allowed
by legislation and banking practice of El Salvador. If, after ten years, the
compensation has not been able to be claim, the sum shall be delivered with the