25
to issue its ruling, and on the other, the report provided […], which denies that the alleged facts took
place […], it [was] appropriate to dismiss the […] habeas corpus proceeding.”102
68.
Since October 25, 1981, the whereabouts of Santos Ernesto Salinas remain unknown.
D.
Facts related to the forced disappearance of Emelinda Lorena Hernández
69.
Emelinda Lorena Hernández was born on March 18, 1981, in the municipality of San Miguel. 103
She is the daughter of María Adela Hernández 104 and José Juan de la Cruz Sánchez105 and sister of
Joel Alcides Hernández Sánchez.106Juan Evangelista, José Cristino, Eligorio and Rosa Ofelia Hernández
are her maternal uncles and aunt, respectively.107 The family also included the grandmother of
Emelinda Lorena Hernández, Valentina Hernández, and her life partner Santiago Pérez.108 In 1981,
when the events occurred, Emelinda Lorena Hernández lived with her family in the canton of La Joya,
in the jurisdiction of Meanguera, department of Morazán.109
70.
From December 8 to 16, 1981, an extensive military operation took place in the northern zone
of the department of Morazán,110 code-named “Operation Rescue” or “Yunque y Martillo.” It was
carried out by the Immediate Response Infantry Battalion, known as “Atlacatl”, together with other
units of the Salvadoran Armed Forces. It was in the context of this operation that the Massacres of El
Mozote and nearby places occurred.111 Upon learning of the imminent military incursion, the family of
Emelinda Lorena Hernández fled toward the hills and crossed the La Joya River seeking protection.112
After several days on the run and feeling exhausted, the parents of Emelinda Lorena Hernández
decided to take her back to the canton of La Joya and leave her in the care of a woman by the name
of Marta Ramírez, who had four children of her own. 113
Ruling issued by the Constitutional Chamber of the Supreme Court in the habeas corpus proceeding No. 217-2002 on
March 3, 2003 (evidence file, volume IV, annex 15 to the submission of the case, folio 1905).
102
Cf. Birth certificate of Emelinda Lorena Hernández issued by the Family Status Registry of the Municipal Office of San
Miguel (evidence file, volume V, annex 19 to the pleadings, motions and evidence brief, folio 2339).
103
Cf. Birth certificate of Emelinda Lorena Hernández issued by the Family Status Registry of the Mayor’s Office of San
Miguel (evidence file, volume V, annex 19 to the pleadings, motions and evidence brief, folio 2339), and national identity
document of María Adela Hernández issued by the National Registry of Natural Persons (evidence file, volume XI, annexes to
the final written arguments, folio 4958).
104
Name used in the death certificate. Cf. Death certificate of José Juan of the Cruz Sánchez issued by the Family Status
Registry of the Mayor’s Office of Villa Meanguera (evidence file, volume XI, annexes to the final written arguments, folio
4959), and affidavit rendered by María Adela Hernández on March 20, 2014 (evidence file, volume X, affidavits, folio 4739).
105
Cf. National identity document of Joel Alcides Hernández Sánchez issued by the National Registry of Natural Persons
(evidence file, volume XI, annexes to the final written arguments, folio 4961).
106
Cf. Affidavit rendered by María Adela Hernández on March 20, 2014 (evidence file, volume X, affidavits, folio 4739),
and Record of interview with Juan Evangelista Hernández Pérez at the National Civil Police on March 2, 2010 (file of proceedings
before the Commission, volume III, folio 1629).
107
108
Cf. Affidavit rendered by María Adela Hernández on March 20, 2014 (evidence file, volume X, affidavits, folio 4739).
109
Facts acknowledged by the State.
Cf. Report issued by the Legal Protection Office of the Archbishopric of San Salvador on November 9, 1991 (evidence
file, volume IV, annex 17 to the submission of the case, folio 1972), and Case of the Massacres of El Mozote and nearby places
v. El Salvador, supra, para. 83.
110
111
Cf. Case of the Massacres of El Mozote and nearby places v. El Salvador, supra, paras. 73 to 76, 83 and 84.
Cf. Affidavit rendered by María Adela Hernández on March 20, 2014 (evidence file, volume X, affidavits, folios 4739 to
4740), and record of the interview of Juan Evangelista Hernández Pérez by the National Civil Police on March 2, 2010 (file of
proceedings before the Commission, volume III, folio 1629). See also, Case of the Massacres of El Mozote and nearby places
v. El Salvador, supra, para. 99.
112
Cf. Affidavit rendered by María Adela Hernández on March 20, 2014 (evidence file, volume X, affidavits, folios 4739 a
4740); record of the interview of Juan Evangelista Hernández Pérez by the National Civil Police on March 2, 2010 (file of
113