-67contains probative elements that this practice also occurred in El Salvador
during the armed conflict”;
d)
In this case, “[t]he State’s obligation to clarify the facts and establish
the whereabouts of the two disappeared children persist [… because, if] they
are still alive, Ernestina and Erlinda Serrano Cruz have the right to know their
origin, which is complemented by the right of their next of kin to know their
whereabouts”;
e)
“If they are still alive, it is not known whether [the sisters, Erlinda and
Ernestina Serrano Cruz,] retain their parents last names, even though these
names were legally registered before their disappearance”; and
f)
The State authorities permitted changes in the names of children with
“complete ease and indifference,” and “names were invented and dates of
birth of children changed,” all of which was “registered in municipal mayors’
offices, which are State bodies, without any kind of control that these changes
of names and identity were legal.” Consequently, the State also failed to
comply with the obligations contained in Article 1(1) of the American
Convention.
118. With regard to Article 19 of the Convention, in relation to Article 1(1) thereof,
the Commission stated that:
a)
It includes both positive and negative obligations for the State, which
failed to comply with either by “failing to take any measures to return [the
sisters, Ernestina and Erlinda Serrano Cruz,] to their family,” “not determining
[…] their whereabouts” and not compensating the children for the violations
they suffered. Since June 1995, “the judicial authorities of El Salvador have
had the treaty-based obligation to do justice by taking all the necessary
investigative measures to determine the whereabouts of the Serrano Cruz
sisters, identify those responsible for the violations committed against them,
and make reparation to their next of kin”; and
b)
“If [the State] had made the least effort to reunite [the children,
Ernestina and Erlinda,] with their next of kin, there would be some record or
information that would allow them to be found.”
Arguments of the representatives of the alleged victims and their next of kin
119.
With regard to Article 17 of the Convention the representatives stated that:
a)
The separation of a child from its family should be exceptional and
temporary. If children are separated from their parents due to circumstances
beyond anyone’s control, the State authorities have the obligation to reunite
them as promptly as possible;
b)
Principle 17 of the United Nations Guiding Principles on Internal
Displacement establishes that families which are separated by displacement
should be reunited as quickly as possible and that all appropriate steps shall
be taken to expedite such reunions. The principle also stipulates that the
responsible authorities shall facilitate inquiries made by family members and