- 14this regard, in its “Report […] on the forced disappearance of the children, Ernestina
and Erlinda Serrano Cruz, its current impunity and the pattern of violence in which
these disappearances occurred” of September 2, 2004, the Ombudsman's Office
stated that:
[…] given the actions of the prosecutor and the judge, which attempted to disprove the
existence of the sisters, Ernestina and Erlinda Serrano Cruz, and attribute a pecuniary
motive to their mother, María Victoria Cruz Franco; notwithstanding that, since it began
hearing the case in 1996, this Institution has considered their existence indisputable[.]
174. The State has not only doubted the authenticity of the information in the
documents issued by the respective parishes, but also, by questioning the very
existence of the sisters, it has raised doubts about whether they have the given
name and surnames that their parents gave them when they were born, with which
they were registered in the respective mayors' offices by their mother and with
which, according to the latter and their siblings, they were known by their family and
social circles. The right to a name grants a person individual subjectivity, and his or
her place in society. Taking away a name, by denying it, results in a direct and
constant affecting of the right to identity, which will only cease when a person
recovers their name and, with it, part of their identity.
175. In view of the foregoing, the Court considers that the State has questioned
the existence of the sisters, Ernestina and Erlinda Serrano Cruz, has not adopted the
necessary measures to determine their whereabouts and re-establish their given
name and surnames, or given them the possibility of doing so. Also, the State has
denied the relationship of the next of kin with Ernestina and Erlinda, and has not
carried out a diligent investigation that would allow the next of kin to know the truth
about what befell Ernestina and Erlinda Serrano Cruz and their whereabouts.
*
*
*
176. Family relations and co-existence, and also the given name and surnames of
a person, are essential for forming and preserving the identity of the individual.
These elements of the right to identity are essential for both the children and the
adult members of a family, given that the identity of each of the members affects
and has an influence on that of the others, and also on their relationship with society
and with the State.
177. The State is obliged to adopt all necessary measures to discover the fate of
the Serrano Cruz sisters and to re-establish their given name and surnames, or to
grant them the possibility of doing this, so that they know the truth about their
origins, their history, their nationality, who their parents were, and their existing
family relations, which could be re-established, even if the sisters are abroad. In this
regard, the Court considers it essential that the State adopt all necessary measures
to ensure that, should they be found alive, the Serrano Cruz sisters are informed
that their mother was looking for them until she died and that their living siblings are
still trying to find them (supra para. 48(83)).
178. In view of the foregoing, the Court considers that El Salvador has violated the
right to identity of Ernestina and Erlinda Serrano Cruz and of their next of kin, by
violating the rights to the protection of the family and to a name, because it did not
adopt appropriate measures to trace and find Ernestina and Erlinda Serrano Cruz
and, should they be found alive, ensure their reunification with their next of kin and
their recovery of their family relations, and also, if applicable and should they so
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