27. The Truth Commission 8 recommended that the State, among other things, determine and punish the grave events that it investigated. 9 Accordingly, at least as of 1993, the authorities had knowledge of the facts and as they were crimes of public action, i.e. they had the obligation to investigate them at their own initiative. Nonetheless, the investigation was not initiated for at least another 10 years. 28. On May 31, 1996, the Asociación Pro-Búsqueda filed a complaint with the Office of the Human Rights Ombudsman of El Salvador concerning 145 cases involving minors who were victims of forced disappearance, all in the context of the internal armed conflict. The Ombudsman’s Office selected five of these cases, including that of the Contreras siblings. 29. On March 30, 1998, the Ombudsman’s Office, in its Report 10, establishing the responsibility of the State for the disappearance of the three siblings. Among the steps taken to establish the facts, the Ombudsman’s Office gave notice to the Ministry of National Defense, which responded: “The Commander of the Fifth Infantry Brigade as of the date of the operation was Col. Napoleón Alvarado; the units that participated in the operation were the Cavalry Regiment, the Center for Instruction of Engineers of the Armed Forces, and the Center for Instruction of Transmissions of the Armed Forces; it was not possible to determine the names of the officers who were in charge of the operation, nor the name of the chief of the Hunter Battalion (Batallón Cazador) of the Fifth Infantry Brigade, began “Hunter” (“Cazador”) was a generic name that several battalions had; the Ministry of National Defense did not open any type of investigation into the possible forced disappearance of minors Erminia Gregoria, Serapio Cristián, and Julia Inés, all with the last name Contreras Recinos.” 30. The Ombudsman’s Office delivered this report to the Office of the Attorney General, “for it to initiate the legally established procedures to determine any criminal liability.” The State has not provided any information regarding the opening of an investigation by the Office of the Attorney General in 1998 on the possible disappearance of three children. Accordingly, in 1998, the Salvadoran authorities with jurisdiction were once again put on notice that there had been a forced disappearance, yet failed to respond. 31. On October 16, 2002, and in the face of the State’s silence, a writ of habeas corpus was filed before the Constitutional Chamber of the Supreme Court of Justice of El Salvador. It issued its resolution on February 17, 2003, receiving the writ, acknowledging the constitutional violation of the right to physical liberty, and urging the Office of the Attorney General of the Republic to “take the necessary measures in keeping with its constitutional authority to conclude the process of determining the conditions of those benefitted by this ruling, Serapio Cristián, Julia Inés, and Herminia Gregoria, all with the last name Contreras, in order to safeguard their fundamental right of liberty.” 11 12 8 From Madness to Hope: The12_year war in El Salvador: Report of the Commission on the Truth for El Salvador, United Nations. 9 See Report of the Commission on the Truth for El Salvador, 1993, United Nations, p. 189, Recommendations. The Commission recommended that the State reform the judicial branch due to “the glaring inability of the judicial system either to investigate crimes or to enforce the law, especially when it comes to crimes committed with the direct or indirect support of State institutions.” The Report adds that there is “no system for the administration of justice which meets the minimum requirements of objectivity and impartiality so that justice can be rendered reliably. This is a part of the country’s current reality and overcoming it urgently should be a primary objective for Salvadorian society.” 10 Resolution of the Procuraduría para la Defensa de los Derechos Humanos, of March 30, 1998. 11 In relation to the failure to investigate, it notes: “the Ministry of National Defense was asked for information, and stated that none of those benefited are deprived of or facing any restriction on their physical liberty at any of the military units of the Armed Forces, it not being possible to show the persons; according to the files of this ministry and of the various military units, there are no records or information related to possible restrictions. For his part, the Chief of the High Command of the Armed Forces, who was also asked for information, stated: that none of those benefited is deprived of or subject to any restriction on their liberty at any military unit of the Armed Forces, thus it is not possible to show their persons, there being no investigations initiated by the military authorities, for according to the files of the ministry and of the various military units, there are no records or information related to possible restrictions on or deprivation of liberty of those hereby benefited. Finally, the executing judge appointed concluded in his report that to date there was no complete or detailed record of the rank or name of the members of the military who carried out that operation.” 12 Resolution of the Supreme Court of Justice of El Salvador, of February 17, 2003, in habeas corpus proceeding number 215-2002. 7