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103.
According to the petitioners’ narrative the family did not turn to the official agencies to
denounce the disappearance for fear of reprisals. The family moved permanently to Tecoluca,
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department of San Vicente.
2.
Domestic proceedings
a.
Investigation of the Office of the Attorney General of the Republic in San Vicente
104.
In August 2002, Ms. María Adela Iraheta, mother of Santos Ernesto Salinas, filed a
complaint with the Office of the Attorney General of the Republic, offices in San Vicente, regarding the
forced disappearance of her son. On that occasion the officials did not admit the complaint, indicating that
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she had to go to the city of San Salvador .
b.
Habeas corpus proceeding
105.
On October 17, 2002, Ms. María Adela Iraheta filed a writ of habeas corpus before the
Constitutional Chamber of the Supreme Court of Justice for the disappearance of her son Santos Ernesto
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Salinas. The brief for filing this writ sets forth the facts surrounding the disappearance, his birth
certificate was attached, and the witness statement of Ms. Josefa Sánchez was offered; she observed
77
how Santos Ernesto was taken away by the soldiers.
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106.
After the writ was filed, an executing judge was appointed to expedite the process. The
“executing judge” reported that “there is no investigation or investigative steps being taken against the
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beneficiary,” accordingly the petition cannot be the subject of study by the law.
107.
The information available indicates that the executing judge did not take any other steps
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to investigate and failed to question the person mentioned in the motion filed.
108.
By resolution of March 3, 2003, notice of which was made on March 11, 2003, the
Constitutional Chamber of the Supreme Court of Justice dismissed the habeas corpus proceeding. The
Supreme Court held that no minimum indicium was produced to give rise to the conviction that the
disappearance occurred. The Chamber also held that this judgment is not res judicata and, therefore, if
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new information is produced, it is possible to file a new writ of habeas corpus.
E.
Emelinda Lorena Hernández
109.
Emelinda Lorena Hernández was born on March 18, 1981, in the jurisdiction of
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Meanguera, department of Morazán. Her mother is María Adela Hernández and her father was Juan de
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Facts narrated by the petitioners, recognized by the State. In general these facts agree with the narration set forth in the
habeas corpus motion of October 17, 2002.
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Facts narrated by the petitioners, recognized by the State.
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Annex xx. Decision of the Constitutional Chamber of the Supreme Court of Justice.
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Annex xx. Habeas corpus motion, October 17, 2002.
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Annex xx. Judgment of Habeas Corpus, Constitutional Chamber, Supreme Court of Justice of El Salvador, March 3,
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Annex xx. Judgment of Habeas Corpus, Constitutional Chamber, Supreme Court of Justice of El Salvador, March 3,
80
Annex xx. Judgment of Habeas Corpus, Constitutional Chamber, Supreme Court of Justice of El Salvador, March 3,
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Annex xx. Judgment of Habeas Corpus, Constitutional Chamber, Supreme Court of Justice of El Salvador, March 3,
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Annex xx. Birth certificate of Emelinda Lorena Hernández, issued April 1, 1981.
2003.
2003.
2003.
2003.