-49evidence of the investigation carried out to clarify the facts, […] since the
Armed Forces were summoned, the Red Cross was summoned, the witnesses
were summoned and the relevant expert reports were requested.” The fact
that this investigation was unsuccessful was due to the “inconsistencies and
false statements of the mother and sister of the alleged victims”;
c)
Investigations have been conducted into where the Atlacatl Battalion
was located when the children allegedly disappeared. They have not produced
results that would allow the two children to be traced, because “none of the
witnesses could identify the members of the Armed Forces who allegedly took
part in gathering up the abandoned children.” “The discrepancies in the time,
place, participants and other circumstances in the statements prevented the
judge from obtaining satisfactory results, since these depend on the veracity
of the statements.” Owing to the contradictory statements, it has been
necessary to “investigate the veracity of [the] case” in order to discover the
identity of the Serrano Cruz sisters. “Moreover, there is no crime involved in
gathering up two children to ensure they are cared for, if they have been
abandoned.” Even though the Chalatenango judge declared the complaint
inadmissible because it referred to “a conduct that was not typified as a
crime,” the investigation continued.
d)
“The Chalatenango Trial Court has begun a new investigation to trace
the Serrano Cruz sisters and the first results it has obtained are the
testimonies of other members of the family who have no recollection of the
existence of the [Serrano Cruz] sisters; this means that the State must
request new statements from all the participants”;
e)
“Since the case is before the Inter-American Court, it is necessary to
wait until it has been decided before continuing with the case and the
investigations [… . F]or example, María Victoria Cruz Franco’s children must
testify […,] and the Fourth Infantry Brigade must be investigated more
thoroughly concerning possible files with information about what happened,
and also statements must be taken from the Brigade’s officers. Much more
evidence must be sought in the case and it is also urgent to establish the
whole historical context […]. The investigation needs to be reoriented, so that
it is not just the Atlacatl Battalion that is alleged to be responsible; the
possible participation of other units must be verified, as well as which of the
two statements is true; that of María Victoria Cruz Franco or that of her
daughter, Suyapa Serrano, or whether they are both false […]. The
investigation needs to be reoriented, checking the dates of birth of the girls
[…].” “The other children of the Serrano Cruz family have not been
summoned to testify, because this is against the law, since the international
proceedings are pending”;
f)
It requested the Court to decide that inconsistent or false statements
affect the legal obligation of the State to investigate and obtain an effective
result. “The parameters of diligence and effectiveness that are supposedly
compulsory under international law can only be required for the proceedings
of international organs, otherwise State sovereignty would be affected”;
g)
The inter-institutional commission created by the State in July 2003 to
provide follow up on this case, conducted several investigations and visited
the head office of the Salvadoran Red Cross and the office of the