-3Serrano Cruz have not been ascertained, and those responsible have not been
identified or punished.”
The Commission filed the application in this case for the Court to decide whether the
State had violated Articles 4 (Right to Life), 7 (Right to Personal Liberty), 18 (Right
to a Name) and 19 (Rights of the Child) of the American Convention, in relation to
Article 1(1) (Obligation to Respect Rights) thereof, to the detriment of Ernestina and
Erlinda Serrano Cruz. The Commission also requested the Court to decide whether
the State had violated Articles 5 (Right to Humane Treatment), 8 (Right to a Fair
Trial), 17 (Rights of the Family) and 25 (Judicial Protection) of the Convention, in
relation to Article 1(1) (Obligation to Respect Rights) thereof, to the detriment of
Ernestina and Erlinda Serrano Cruz and of their next of kin. The Commission
requested the Court to rule on the international responsibility of the State of El
Salvador, for having incurred in a continuing violation of its international obligations
“[the] effects [of which…] continue over time owing to the forced disappearance of
the [alleged] victims on June 2, 1982, and, particularly, as of June 6, 1995, the date
on which the State accepted the contentious jurisdiction of the Court.”
II
PROCEEDING BEFORE THE COURT2
3.
On June 14, 2003, the Inter-American Commission filed an application before
the Court (supra para. 1), to which it attached documentary evidence; it also offered
testimonial and expert evidence.
4.
On September 1, 2003, the representatives of the alleged victims and their
next of kin (hereinafter “the representatives”) submitted their requests and
arguments brief, to which they attached documentary evidence; they also offered
testimonial and expert evidence.
5.
On October 31, 2003, the State submitted a brief filing preliminary objections,
answering the application, and with observations on the requests and arguments
brief, to which it attached documentary evidence; it also offered testimonial and
expert evidence.
6.
On January 16, 2004, the Commission and the representatives submitted
briefs, in which they presented their arguments on the preliminary objections filed by
the State. The representatives included appendixes with their brief.
7.
On April 1, 2004, the representatives submitted a brief advising that María
Victoria Cruz Franco, the alleged victims’ mother, had died on March 30, 2004.
8.
On August 23 and 27, 2004, the State forwarded the testimonial statements
and expert witness report made before public notary by four witnesses and an expert
witness (affidavits).
2
The procedure followed for processing this case before the Inter-American Commission is
described in the judgment on preliminary objections delivered by the Court on November 23, 2004. The
judgment on preliminary objections also contains the description of the proceedings before the Court up
until November 22, 2004; this will not be repeated in this judgment, which will only describe the principal
procedural actions. In this regard, cf. Case of the Serrano Cruz Sisters. Preliminary objections. Judgment
of November 23, 2004. Series C No. 118, paras. 3-47.