2
FACTS SET OUT IN THE APPLICATION
2.
In the application, the Inter-American Commission stated that the alleged
“capture, abduction and forced disappearance of the children, Ernestina and Erlinda
Serrano Cruz” (hereinafter “Ernestina and Erlinda Serrano Cruz,” “the Serrano Cruz
sisters,” “the alleged victims” or “the girls”) took place on and after June 2, 1982.
They were “7 and 3 years of age, respectively[, … when] they were [allegedly]
captured […] by soldiers from the Atlacatl Battalion of the Salvadoran Army during a
[military] operation” known as “Operación Limpieza” [Cleansing Operation] or “la
guinda de mayo,” carried out in the municipality of San Antonio de la Cruz,
Department of Chalatenango among other places, from May 27 to June 9, 1982.
“Around fourteen thousand soldiers” allegedly took part in this operation.
According to the Commission, during this operation, the Serrano Cruz left their home
in order to safeguard their lives. However, only María Victoria Cruz Franco, mother of
Ernestina and Erlinda, and one of her sons were able to cross “the military barrier on
the way to the village of Manaquil.” Dionisio Serrano, father of Ernestina and
Erlinda, and his children Enrique, Suyapa (who was carrying her 6-month old baby),
Ernestina and Erlinda Serrano Cruz went with a group of villagers across the
mountains, towards the settlement of “Los Alvarenga,” which they reached after
walking for three days; there they hid for another three days, despite the lack of
food and water. Suyapa Serrano Cruz decided to hide with her baby near the place
where her father and siblings were, in order not to endanger them because her baby
cried. Dionisio Serrano and his son, Enrique, went to fetch water from a nearby river
“at the insistence of his daughters.” Finding themselves alone, the children Ernestina
and Erlinda began to cry and were discovered by “the military patrols.” The
Commission stated that Suyapa Serrano Cruz was sure that the soldiers took her
sisters, because she heard a soldier ask the others if they should take the girls or kill
them, to which another soldier replied that they should take them. When she no
longer heard any noise, Suyapa began to look for her two sisters; then her father
returned and he also searched around the place where he had left them.
The Commission indicated that Ernestina and Erlinda Serrano Cruz “were last seen
21 years ago, when a Salvadoran Armed Forces helicopter took them” from the site
of these events to a place known as “La Sierpe” in the city of Chalatenango. The
Commission stated that there is no evidence to prove reliably whether the soldiers
who captured the girls handed them over to the International Committee of the Red
Cross or to the Salvadoran Red Cross. The Commission also indicated that these
facts form part of a pattern of forced disappearances in the context of the armed
conflict, allegedly “perpetrated or tolerated by the State.”
The Commission stated that Mrs. Cruz Franco was in Honduras “as a refugee in a
camp,” with her daughter, Suyapa. It also indicated that, because “the facts
occurred at a time when domestic legal remedies were inoperative,” it was only on
April 30, 1993, that María Victoria Cruz Franco, mother of the alleged victims, filed a
complaint before the Chalatenango Court of First Instance for the alleged
disappearance of Ernestina and Erlinda. The girls’ mother filed the complaint “a
month and a half after the Salvadoran population recovered its faith in its Judiciary,”
following publication of the report of the United Nations Truth Commission on March
15, 1993. On November 13, 1995, Mrs. Cruz Franco filed a petition for habeas corpus
before the Constitutional Chamber of the Supreme Court of Justice. The Chamber
rejected it, considering that this remedy was not appropriate for investigating the
whereabouts of the sisters. In this regard, the Commission indicated that “the
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