- 10must work together to find the best solutions […] which lead to the truth about the
whereabouts of the children.”
156. In this regard, the Court considers that the State should adopt all necessary
judicial, administrative, legislative and any other type of measures to promote the
tracing and finding of those who disappeared during the armed conflict and the
reunification of the families that were separated due to the disappearance of one of
their members, including the Serrano Cruz family.
157. As it has been shown, the next of kin of Ernestina and Erlinda Serrano Cruz
had recourse to the State authorities and to non-governmental organizations, such
as Pro-Búsqueda, to trace their family members and to know what had happened to
them, and they hoped to find them alive and be reunited with them. The mother and
the living siblings of Ernestina and Erlinda Serrano Cruz have had to live with the
sensation that the family had disintegrated. For example, in her testimony before the
Court during the public hearing on September 7, 2004, Suyapa Serrano Cruz,
Ernestina and Erlinda's sister, stated that, for her family and herself, “it would mean
a great deal” to find Erlinda and Ernestina; that, even though there were “wounds
that would never heal,” they would be very “happy,” because there had been “many
cases of children who had been reunited” with their families and she hoped that this
would happen in the case of her sisters (supra para. 36). Also, in his sworn
statement of August 19, 2004 (supra para. 35), José Fernando Serrano Cruz,
Ernestina and Erlinda's brother, stated that “[a]s a family, they hoped to discover
the whereabouts of the girls at some time; that they would be able to trace them[.
T]hat was what gave them strength to carry on; even though it did not console them
much, it gave them some serenity…, with the hope of finding them one day.” Even
Ernestina and Erlinda's mother, about four months before her death, in her sworn
statement of December 5, 2003 (supra para. 35), stated that “the only thing she
want[ed was] for her daughters to be returned to her, and if she could ask the
judges something it [was] that, at least, they would show her daughters to her.” In
this regard, in his testimony before the Court during the public hearing (supra para.
36), Father Cortina stated that shortly before she died, Erlinda and Ernestina's
mother was going blind, owing to diabetes, and she said to him that she would like
“not to lose her sight, because perhaps she could still see [her] daughters.”
158. The Court has noted that when Ernestina and Erlinda's family refer to them,
they speak of them in the present, preserving the image of them as children. In this
regard, the expert witness, Ana Deutsch, stated in the report she made in a sworn
statement on August 23, 2004 (supra para. 35), that the mother used “the present
tense; she did not say 'had' or ask 'what will they be like now?' She said 'This is what
a concerned mother thinks, because they are little girls.'“ In this regard, the said
expert witness stated that, even though Ernestina and Erlinda disappeared more
than 20 years ago, to their next of kin:
They have always had a place in the family conversations. They continue to be a
presence in the family, a presence that has become more intense since the search has
been reactivated [while], at the same time, the anguished has been reactivated. […] The
family has definitely suffered an identity crisis. The identity of the family is composed of
all its members. Some children died at a very early age, but there was an explanation
for their death and the family could assimilate their absence. Deaths due to attacks by
the Army are very painful, but the facts are defined, which also facilitates the mourning
process. The absence of the girls has still not been resolved within the family, and they
are therefore an ever-present absence.
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