3
whereabouts of Ernestina and Erlinda Serrano Cruz have not been found, and those
responsible have not been identified or punished.”
The Commission filed the application in this case for the Court to decide whether the
State had violated Articles 4 (Right to Life), 7 (Right to Personal Liberty), 18 (Right
to a Name) and 19 (Rights of the Child) of the American Convention, in relation to
Article 1(1) (Obligation to Respect Rights) thereof, to the detriment of Ernestina and
Erlinda Serrano Cruz. The Commission also requested the Court to decide whether
the State had violated Articles 5 (Right to Humane Treatment), 8 (Right to a Fair
Trial), 17 (Rights of the Family) and 25 (Judicial Protection) of the Convention, in
relation to Article 1(1) (Obligation to Respect Rights) thereof, to the detriment of
Ernestina and Erlinda Serrano Cruz and of their next of kin. The Commission
requested the Court to rule on the international responsibility of the State of El
Salvador, for having incurred in a continuing violation of its international obligations
“[the] effects [of which…] continue over time owing to the forced disappearance of
the [alleged] victims on June 2, 1982, and, particularly, as of June 6, 1995, the date
on which the State recognized the contentious jurisdiction of the Court.”
III
PROCEEDING BEFORE THE COMMISSION
3.
On February 16, 1999, the Asociación Pro-Búsqueda de Niñas y Niños
Desaparecidos [Association for the Search for Disappeared Children] (hereinafter
“Asociación Pro-Búsqueda”) and the Center for Justice and International Law
(hereinafter “CEJIL”) filed a petition before the Inter-American Commission for the
alleged violation of Articles 5, 7, 8, 13, 17, 18, 19 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, owing to “[the] detention and
disappearance on June 2, 1982 [of] the sisters, Ernestina and Erlinda Serrano Cruz,
of 7 and 3 years of age, respectively, [when they were allegedly] captured by the El
Salvador Armed Forces during an operation carried out by the Atlacatl Battalion
against the municipality of San Antonio La Cruz, Department of Chalatenango.” The
petitioners also indicated, inter alia, that “the State had not conducted a genuine
investigation into the disappearance of Erlinda and Ernestina Serrano” and that,
“despite the support provided by the [mother of the alleged victims to the criminal
proceeding,] the case had been filed on March 16, 1998”.
4.
On April 14, 1999, the Commission identified the petition as No. 12,132,
forwarded the relevant parts of the petition to the State, and requested the latter to
provide any information it deemed appropriate.
5.
On February 25, 2000, the State submitted a communication affirming that
this case was inadmissible, because it did not “comply with the requirement of the
exhaustion of domestic remedies” and provided information on “Criminal Proceeding
No. 112.93, being processed by the Chalatenango court of first instance […
concerning] the crime of the deprivation of liberty of the minors, Ernestina and
Erlinda Serrano”.
6.
On April 5, 2000, the petitioners presented comments on the communication
of February 25, 2000 (supra para. 5), regarding the alleged failure to exhaust
domestic remedies. They stated that “they ha[d] presented concrete proposals for
channeling the investigation into other areas and these had duly been forwarded to
the prosecutor responsible for the investigation,” because “the only measure taken in
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