The facts of the case refer to the kidnapping and forced disappearance from June 2, 1982 onwards, of the children Ernestina and Erlinda Serrano Cruz, aged 7 and 3, respectively. The crimes against them were perpetrated by military members of the Salvadoran army during a military operation known as “Operación Limpieza” or “la Guinda de mayo” carried out in the department of Chalatenango.

In accordance with the temporal jurisdiction of the IA Court, its jurisdiction was limited to an analysis of internal proceedings in the light of the guarantee of the access to justice. In this regard, the Court developed standards on the principle of responsible time period and the guarantee of the existence of an effective legal recourse in relation to habeas corpus.