-45observe any type of alteration.” In addition, the expert in the analysis of
questionable documents had remitted tome 53 of the baptismal register to the
Physicochemical Section for it to be examined, where it was concluded that the inks
used were of different tones and that some items were written with “different
writing.”
WITH REGARD TO ERNESTINA AND ERLINDA SERRANO CRUZ AND THEIR NEXT OF KIN
48(78) Ernestina Serrano Cruz was born on October 9, 1975, in San Antonio de La
Cruz, Chalatenango; she was 19 years old when El Salvador accepted the
contentious jurisdiction of the Inter-American Court.
48(79) Erlinda Serrano Cruz was born between August 1978 and 1979 in San Antonio
de La Cruz, Chalatenango, and was 16 to 18 years old when El Salvador accepted
the contentious jurisdiction of the Inter-American Court. It is not possible to
determine her exact date of birth, because, as a result of the destruction of the
registry departments of the mayors’ offices during the armed conflict, the Serrano
Cruz children’s mother registered Erlinda in the office of the Mayor of San Antonio de
La Cruz, based on the Special Transitory Act to establish the civil status of
undocumented persons affected by the conflict (supra para. 48(10)) and indicated a
different birth date from the one that appears on the baptismal certificate in the
Parish of San Juan Bautista.
48(80) The next of kin of Ernestina and Erlinda Serrano Cruz were their mother,
María Victoria Cruz Franco, who died on March 30, 2004; and their father, Dionisio
Serrano Morales, who died in 1985. Their siblings would have been: Martha, Suyapa,
Arnulfo, José Fernando, María Rosa, Oscar, Socorro, Irma, José Enrique and Juan, all
Serrano Cruz; but, of these, the last four are already deceased.
48(81) Ernestina and Erlinda Serrano Cruz’s mother died before the State determined
what had happened to her two daughters and established their whereabouts.
48(82) The Asociación Pro-Búsqueda assumed several expenses that the next of kin
of Ernestina and Erlinda Serrano Cruz incurred for medicines and psychological
treatment, as well as for investigating their whereabouts.
48(83) The next of kin of Ernestina and Erlinda Serrano Cruz have taken various
measures to find them and have participated in the judicial proceedings. The
Asociación Pro-Búsqueda covered the expenses arising from processing the domestic
proceedings. The representatives of the alleged victims and their next of kin, the
Asociación Pro-Búsqueda and CEJIL, assumed the expenses arising from resorting to
the inter-American system for the protection of human rights.
VII
VIOLATION OF ARTICLES 8(1) AND 25 OF THE CONVENTION
IN RELATION TO ARTICLE 1(1) THEREOF
(JUDICIAL GUARANTEES AND JUDICIAL PROTECTION)
Arguments of the Commission
49.
Regarding the alleged violation of Articles 8(1) and 25 of the Convention, in