23
moment soldiers approached, and even though some of the persons who were fleeing were hiding in the
jungle, other remained in the area known as Quebrada Seca. This last group was discovered,
surrounded, and subjected to multiple gunshots by the soldiers. After the assassination of these persons,
the soldiers captured the children Manuel Antonio Bonilla Osorio and Ricardo Ayala Abarca, along with
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María Josefa Rosales, Ester Ayala Abarca, María Esperanza Alvarado, and Mauricio Osorio Alvarado.
130.
The soldiers, on not finding the other residents who were hiding, left with the civilians who
they had captured. After a few kilometers they released María Josefa Rosales, given her old age, turning
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her over to Ester Ayala Abarca and Mauricio Osorio Alvarado.
131.
To date, the whereabouts of the children Manuel Antonio Bonilla and Ricardo Ayala
Abarca remain unknown.
132.
Ricardo Ayala Abarca and Manuel Antonio Bonilla appear in the Truth Commission report
as victims of homicide, on August 18, 1982, at the hands of the Armed Forces of El Salvador; they appear
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in the lists of persons about whom the information is from “indirect sources.”
2.
Domestic Proceedings
a.
Investigation by the Office of the Human Rights Ombudsperson
133.
On May 31, 1996, the Asociación Pro-Búsqueda submitted several cases of disappeared
children to the Office of the Human Rights Ombudsperson, among them those of Ricardo Ayala Abarca
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and Manuel Bonilla Osorio.
134.
On September 7, 2004, the Office of the Ombudsperson issued a report on Ernestina and
Erlinda Serrano Cruz, and in that report detailed the case of Ricardo Ayala Abarca and Manuel Bonilla
Osorio, recommending to the Office of the Attorney General of the Republic that it investigate the
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disappearances of 136 children, not yet resolved.
This report was transmitted to the President of the
Republic, the Attorney General of the Republic, the Public Advocate of the Republic, the Constitutional
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Chamber of the Supreme Court of Justice, and the Minister of National Defense.
b.
Habeas corpus proceeding
135.
On February 18, 2003, Petronila Abarca Alvarado filed a writ of habeas corpus before the
Constitutional Chamber of the Supreme Court of Justice on the disappearance of her son Ricardo Ayala
Abarca. At the same time, on February 27, 2003, María de los Ángeles Osorio filed a writ of habeas
corpus before the Constitutional Chamber of the Supreme Court of Justice of the disappearance of her
116
son Manuel Antonio Bonilla Osorio.
110
Facts narrated by the petitioners, recognized by the State.
111
Facts narrated by the petitioners, recognized by the State.
112
From Madness to Hope: The 12-Year War in El Salvador: Report of the Commission on the Truth for El Salvador,
Annex: Tome II, 6. List of victims presented to the Commission with Indirect Source, pp. 16 and 20. Annex 1.
http://www.fundacionpdh.org/lesahumanidad/informes/elsalvador/informe-de-la-locura-a-la-esperanza.htm.
113
Annex xx. Note of March 31, 1996, from the Asociación Pro-Búsqueda to the Office of the Human Rights
Ombudsperson.
114
Resolutions of the Office of the Human Rights Ombudsperson, September 7, 2004.
115
Resolutions of the Office of the Human Rights Ombudsperson, September 7, 2004.
116
Annex xx. Judgment of Habeas Corpus, Constitutional Chamber, Supreme Court of Justice, March 6, 2003; and Annex
xx. Judgment of Habeas Corpus, Constitutional Chamber, Supreme Court of Justice, May 26, 2003.