-6domestic remedies,” in accordance with paragraphs 141 and 142 of [the] judgment.
Dissenting Judge ad hoc Montiel Argüello
[…]
22.
On January 19, 2005, on the instructions of the President and in accordance
with the provisions of Article 45(2) of the Court’s Rules of Procedure, the Secretariat
sent a note to the State requesting its cooperation in forwarding the to Court, by
January 28, 2005, at the latest, a copy of any other measures that had been taken in
the criminal proceedings before the Chalatenango Trial Court, “Case No. 112/93,”
after September 6, 2004.
23.
On January 28, 2005, responding to the President’s request (supra para. 22),
the State filed a brief with an appendix, in which it indicated that “the Public
Prosecutor’s office-Chalatenango Subregional Branch, […] ha[d] ordered the Trial
Court […] to issue an official communication to the Minister of National Defense
requesting him to authorize the Commander of the Fourth Infantry Brigade of
Chalatenango to make the relevant log book available for inspection [, … and] to
advise whether during the period between 1982 and 1993, there [was] any record of
a possible adoption relating to the children, Erlinda and Ernestina Serrano Cruz.” The
State attached a copy of the communication issued by the Prosecutor on January 21,
2005.
24.
On January 31, 2005, in response to the President’s request (supra para. 22),
the State transmitted a certified copy of the communication notifying the Prosecutor
of the decision issued by the Chalatenango Trial Court on January 27, 2005, ordering
the measures that the Prosecutor had requested in the official communication of
January 21, 2005 (supra para. 23).
III
JURISDICTION
25.
Under the terms of Articles 62 and 63(1) of the Convention, the Court has
jurisdiction to consider the merits, reparations and costs in this case, since El
Salvador has been a State Party to the American Convention since June 23, 1978,
and accepted the contentious jurisdiction of the Court on June 6, 1995.
26.
The State filed four preliminary objections, three of which have been rejected
and one of which has been partially accepted by the Court in the judgment on
preliminary objections delivered on November 23, 2004 (supra para. 21). In this
judgment, the Court partially accepted the preliminary objection of “Lack of
jurisdiction Ratione temporis,” and decided that it did not have competence to
consider facts or acts that occurred prior to June 6, 1995, the date on which the
State deposited the instrument recognizing the Court’s jurisdiction with the General
Secretariat of the Organization of American States (hereinafter “OAS”), nor did it
have competence to consider facts or acts which began prior to June 6, 1995, and
which extended until after that date. Additionally, in the said judgment, when
partially rejecting the said preliminary objection, the Court decided that it did have
competence to consider “the alleged violations of Articles 8 and 25 of the
Convention, in relation to Article 1(1) thereof, and any other violation, whose facts or
commencement of execution were subsequent” to the date on which the State
accepted the Court’s jurisdiction. Hence, in this judgment, it will examine the legal