21
114.
To date, the whereabouts of Emelinda Lorena Hernández remain unknown.
2.
Domestic proceedings
a.
Investigation of the Office of the Human Rights Ombudsperson
115.
On May 31, 1996, the Asociación Pro Búsqueda presented several cases of disappeared
children, including that of Emelinda Lorena Hernández, to the Office of the Human Rights
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Ombudsperson.
116.
On September 7, 2004, the Office of the Human Rights Ombudsperson issued a report
on Ernestina and Erlinda Serrano Cruz, and in that report detailed the case of Emelinda Lorena
Hernández, recommending that the Office of the Attorney General of the Republic investigate the
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disappearances of 136 cases of children still unresolved. This report was transmitted to the President of
the Republic, the Attorney General of the Republic, the Public Advocate of the Republic, the
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Constitutional Chamber of the Supreme Court of Justice, and the Minister of National Defense.
b.
Habeas corpus proceeding
117.
On November 15, 2002, Ms. María Adela Hernández filed a writ of habeas corpus with
the Constitutional Chamber of the Supreme Court of Justice for the disappearance of her daughter
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Emelinda Lorena Hernández.
118.
The brief for this writ of habeas corpus described the facts surrounding the
disappearance of Emelinda Lorena Hernández; her birth certificate was attached; and the witness
statement of Dominga Martínez was offered. Ms. Martínez observed several children being transported
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by soldiers.
119.
After the writ was filed, an executing judge was appointed to expedite the process.
120.
This judge reported that “according to the information provided by the department of
Human Rights of the Ministry of Defense, there is no file on Emelinda Lorena Hernández” and, therefore,
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there is no violation of Article 11(1) of the Constitution.
121.
The information available indicates that the executing judge did not take other steps and
that the testimony offered was not heard.
122.
By resolution of March 3, 2003, notice of which was given on March 11, 2003, the
Constitutional Chamber of the Supreme Court of Justice dismissed the habeas corpus proceeding. The
resolution indicates that no minimum indicium was produced to generate the conviction that a
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.
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Annex xx. Note of March 31, 1996 from the Asociación Pro-Búsqueda to the Office of the Human Rights
Ombudsperson.
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Resolutions of the Office of the Human Rights Ombudsperson, September 7, 2004.
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Resolutions of the Office of the Human Rights Ombudsperson, September 7, 2004.
95
Annex xx. Judgment of Habeas Corpus, Constitutional Chamber, Supreme Court of Justice of El Salvador, March 3,
96
Annex xx. Habeas corpus motion, November 15, 2002.
97
Annex xx. Judgment of Habeas Corpus, Constitutional Chamber, Supreme Court of Justice of El Salvador, March 3,
98
Annex xx. Judgment of Habeas Corpus, Constitutional Chamber, Supreme Court of Justice of El Salvador, March 3,
2003.
2003.
2003.