27
of Article 11(1) of the Constitution.”123 On March 3, 2003, the Constitutional Chamber of the Supreme
Court dismissed the habeas corpus proceeding.124 The Chamber ruled that “no minimum indicium was
produced to generate the conviction that a disappearance actually occurred” and that, “in this
situation, and given that this Chamber only has the word of the petitioner, on the one hand, to issue
its ruling […], and on the other, the report provided by the executing judge, which denies that the
alleged facts took place […], it [was] appropriate to dismiss the […] habeas corpus action.”125
74.
On March 13, 2013, the Justice of the Peace of Meanguera, department of Morazán, summoned
Mrs. María Adela Hernández to inform her that the State had requested information about the
proceeding related to the forced disappearance of Emelinda Lorena Hernández,126 and that he had
issued a certification stating that “there is no type of document related to [the disappearance of
Emelinda Lorena Hernández], entered either as a report [sic], a complaint or a notice filed by any
person.”127
75.
On September 13, 2013, the Justice of the Peace of Meanguera asked the Subregional
Prosecutor of San Francisco Gotera for a progress report on the investigation into the forced
disappearance of Emelinda Lorena Hernández, since “a reasonable period of time has elapsed and
there has been no news about the progress of the investigation […] it is pertinent to request precisely
that, an update on the investigation that [the Prosecutor’s office] should already have carried out by
this time.”128
76.
On May 14, 2014, the Head of the Morazán Prosecutor’s Office asked the Justice of the Peace
of Meanguera to provide information as to whether, on December 12, 1981, any examinations of the
bodies of unidentified children, and/or of the child Emelinda Lorena Hernández, were carried out in
that jurisdiction.129 The report of the court’s secretary indicated that no documents exist prior to 1993
and explained that “according to accounts by local residents of [Villa de Meanguera], during the armed
conflict [in El Salvador], the buildings of this court were completely destroyed by the Salvadoran
guerrillas […].”130 The secretary also confirmed that “there is no information or record related to
[Emelinda Lorena Hernández], as shown in the respective books” available from 1993.131
77.
Since December 12, 1981, the whereabouts of Emelinda Lorena Hernández remain unknown.
Ruling issued by the Constitutional Chamber of the Supreme Court in habeas corpus proceeding No. 238-2002 on
March 3, 2003 (evidence file, volume IV, annex 20 to the submission of the case, folio 2000).
123
Cf. Ruling issued by the Constitutional Chamber of the Supreme Court in habeas corpus proceeding No. 238-2002 on
March 3, 2003 (evidence file, volume IV, annex 20 to the submission of the case, folios 2000 to 2002).
124
Ruling issued by the Constitutional Chamber of the Supreme Court in habeas corpus proceeding No. 238-2002 on
March 3, 2003 (evidence file, volume IV, annex 20 to the submission of the case, folio 2001).
125
Cf. Notification record of March 13, 2013 (evidence file, volume XI, certification of judicial actions of the Justice of the
Peace of Meanguera in the Department of Morazán, folios 5063 and 5064).
126
Report of the Secretary of the Justice of the Peace of Meanguera of March 8, 2013 (evidence file, volume V, annex 21
to the brief of pleadings, motions and evidence, folio 2347).
127
Decision issued by the Justice of the Peace of Meanguera on September 13, 2013 (evidence file, volume XI, certification
of judicial actions by the Justice of the Peace of Meanguera, Department of Morazán, folios 5070 to 5072).
128
Cf. Official Letter 265/2014 of May 14, 2014 (evidence file, volume XI, certification of judicial actions by the Justice of
the Peace of Meanguera, Department of Morazán, folio 5075).
129
Report of the Secretary of the Justice of the Peace of Meanguera of May 15, 2014 (evidence file, volume XI, certification
of judicial actions by the Justice of the Peace of Meanguera, Department of Morazán, folio 5077).
130
Cf. Report of the Secretary of the Justice of the Peace of Meanguera of May 15, 2014 (evidence file, volume XI,
certification of judicial actions by the Justice of the Peace of Meanguera, Department of Morazán, folio 5077).
131