5
witnesses and the delivery of the copies of some files belonging to officers of the
armed forces, among other measures, “which were requested by the Asociación ProBúsqueda and not by the Prosecutor's Office”. In addition, on two occasions, the
Attorney General’s Office requested the President of El Salvador, at the instance of the
Chalatenango Trial Court, to provide a list of the officers that participated in the socalled “Operación Limpieza” (Operation Clean-Up), a military operation in which the
Serrano-Cruz sisters were abducted. On July 17, 2009, the President of El Salvador
instructed the Ministry of National Defense to provide that information, but so far there
has been no response.
13.
The representatives pointed out that the State “has taken no concrete steps to
ascertain the whereabouts of the [victims], neither through the criminal proceedings
pending before the Chalatenango Court nor through other measures.” They added that
“no perpetrator has been identified, let alone punished […]. Since the Judgment was
rendered in 2005, no investigation has been initiated by any judge or prosecutor. The
only steps taken have been at the instance of the family’s legal representation.” Also,
they expressed concern over the fact that the only measure taken by the court hearing
the case, on its own motion, was to summon, a few days ago, Suyapa Serrano Cruz to
appear in court at the same date and time as the private hearing regarding compliance
with judgment before the Inter-American Court. Further, they stated that nothing has
been done to remedy the numerous omissions and oversights by the judicial
authorities which show that there is no clear line of investigation aimed at uncovering
the truth about what happened to the girls. Once again, “the investigation into the
facts of the case is currently inactive pending the answer from the President to the
letter in which he [was] required to provide information […] and no other step has
been taken by judicial authorities.” Finally, the representatives pointed out that the
State “has not adopted any measures to punish the officials that obstructed justice in
this case.”
14.
The Commission pointed out that "the State has the general obligation to
investigate” and, therefore, “the request that has not been fulfilled by the executive
branch, namely by the Ministry of Defense, is not an isolated instance, [although it is]
a step of paramount importance to the identification of those responsible […], which
may represent a breakthrough in the investigation at the domestic level.” The
Commission added that “the obligation to search for the victims is a very important
obligation in this case, which is closely related to the investigation, but also to other
forms” of reparation.
15.
The Court reiterates what it has held in the Judgment and in its uniform case
law since the first case brought before it, i.e. that the obligation to investigate must be
taken “seriously, and not as a mere formality preordained to be ineffective.” [The
investigation] must be conducted in a purposeful manner and undertaken by the State
as its own legal duty and not as a mere pursuit of private interests, dependent on the
initiative of the victim or their next of kin or upon evidence offered by them, without
an effective search for the truth by public authorities.”7
7
Cf. Case of Velásquez-Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4,
para. 177; Case of the “Five Pensioners”, supra note 2, Considering clause No. 15; and Case of ValleJaramillo et al. v. Colombia. Merits, Reparations, and Costs. Judgment of November 27, 2008. Series C No.
192, para. 100.