14
Protection) of the Convention, in relation to article 1(1) of the same instrument, the
Tribunal indicated that:
[…] it is worthwhile highlighting that the proceedings omitted are of great importance,
inasmuch as there is the possibility that Ernestina and Erlinda are alive, since the
disappeared children located by the Association for the Search of Disappeared Children were
all found alive.
44.
In paragraph 112 in fine, upon referring to the violation of article 5 (Right to
Personal Integrity) of the Convention, in relation to 1(1) of the same instrument, the
Court established that:
[…]
The next of kin of Ernestina and Erlinda have seen throughout the years how other
families have located their family members disappeared during the armed conflict,
fundamentally due to the search carried out by the Association for the Search of
Disappeared Children, but their family has not received any assistance from the State to this
end. All the youngsters found so far by the Association for the Search of Disappeared
Children who were reported missing during the military operation of 1982, called “guinda de
mayo”, have been found alive […].
45.
Along the same lines, in paragraphs 130 and 131, upon referring to the alleged
violation of article 4 (Right to Life) of the Convention, in relation to article 1(1) of the
same instrument, the Court deemed that:
upon analyzing the evidence submitted in the instant case, we find no element that could
lead to the conclusion that the sisters Ernestina and Erlinda Serrano Cruz could have been
arbitrarily deprived of their right to life. Therefore, the Court deems that it is not competent
to enter a judgment on the alleged forced disappearance of Ernestina and Erlinda, or to
assert that their right to life was affected inasmuch as it cannot presume, like in other cases,
that the alleged facts are based on the crime of forced disappearance.
[…]
To this respect, and as mentioned previously in the […] Judgment (supra para. 97),
there are possibilities that the sisters Ernestina and Erlinda Serrano Cruz might be alive,
inasmuch as all the youngsters found by the Association for the Search of Disappeared
Children, who disappeared when they were small children during the “guinda de mayo”
operation of 1982, were found alive. […].
46.
Pursuant to the provisions set forth in the above mentioned paragraphs and to
enforce Article 63(1) of the Convention, the Tribunal established a compensation for
Ernestina and Erlinda Serrano Cruz for the non pecuniary damages caused as a
consequence of the violation of articles 8(1) and 25 of the Convention, in relation to
article 1(1) of the same instrument, to their detriment, and bearing in mind that they
could be alive, the Court determined the following in paragraph 210:
[…] The payment of the compensations established in favor of Ernestina and Erlinda Serrano
Cruz must be deposited in an account or a deposit certificate in a solvent financial institution
of El Salvador, in US Dollars, and under the most favorable conditions allowed by the
Salvadoran legislation and banking practices. If after ten years the compensation has not
been claimed, this amount, including the interests earned, shall be distributed in equal parts
among the siblings of Ernestina and Erlinda, who will have a term of two years to claim it,
after which time, if no one has claimed the compensation amount, it shall be returned to the
State.
47.
The Tribunal clearly established that there is the possibility that Ernestina and
Erlinda Serrano Cruz are alive, a fact that was taken into account by the Court when it