16
he saw that one of them had a small boy by the hand, it was a small boy approximately five years
of age, very small and they were taking him barefoot, with a small animal they were bringing, he
knew who it was because he had seen that child before, it was a child that he knew lived in the
canton, at that moment he didn’t know the child’s name. He saw that they were taking him towards
the plaza of Perulapía to where the trucks of the Army were waiting for him…. He recalls that
afterwards they found out that the child’s family had been massacred and that the child was left
there where they had killed his mother and another small brother…. He recalls that the child walked
about as if lost, without knowing what had happened, he was walking alongside the group of
soldiers…. That he does not know where the soldiers went with the child but that it is obvious that
they took him to the Air force, for they were soldiers from the Air Force who were taking him, he
knows that the child did not stay in Perulapía…. He also found out that the child’s mother was
assassinated with another older brother of the child…. That the child like any peasant child, light
52
tan skin, light black hair, thin… with brown shorts and a t-shirt and he was barefoot.”
85.
José Adrián Rochac Hernández remains disappeared to this day.
86.
According to the petitioners’ narration, after the disappearance of José Adrián Rochac,
his family did not make any effort to search for him due to the generalized fear. After the end of the
53
conflict they went to the Truth Commission to tell what had happened.
2.
Domestic proceedings
a.
Investigation of the Office of the Human Rights Ombudsperson
87.
On May 31, 1996, the Asociación Pro Búsqueda presented several cases of disappeared
children, including that of José Adrián Rochac Hernández, to the Office of the Human Rights
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Ombudsperson.
88.
On September 7, 2004, that Office issued a report on Ernestina and Erlinda Serrano Cruz
and in that report included information on the case of José Adrián Rochac Hernández, and recommended
that the Office of the Attorney General of the Republic investigate the disappearances of 136 children that
55
have yet to be resolved.
89.
This report was also transmitted to the President of the Republic, the Attorney General of
the Republic, the Public Advocate of the Republic (Procurador General de la República), the
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Constitutional Chamber of the Supreme Court of Justice, and the Minister of National Defense.
b.
Investigation by the Office of the Attorney General of the Republic
90.
On April 12, 2002, the Unit on Women and Children of the Soyapango Sub-Regional
Office of the Office of the Attorney General of the Republic asked Asociación Pro Búsqueda to submit
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information, which was provided on April 16, 2002 , setting forth basic factual elements of the
52
Annex xx. Testimony of José Román Quijano. Notarized Public Document before Notary Paul Fino Solórzano, January
11, 2007. Book XXIX, number 8.
53
Annex xx. Letter from Asociación Pro Búsqueda to the Unit on Women and Children, Office of the Attorney General of
the Republic, Sub-Regional Office, Soyapango. April 16, 2002.
54
Annex xx. Note of March 31, 1996 from the Asociación Pro-Búsqueda to the Office of the Human Rights
Ombudsperson.
55
Resolutions of the Office of the Human Rights Ombudsperson, September 7, 2004.
56
Resolutions of the Office of the Human Rights Ombudsperson, September 7, 2004.
57
Letter from the Asociación Pro Búsqueda to the Unit on Women and Children, Office of the Attorney General, SubRegional Office in Soyapango. April 16, 2002.