-47punish those responsible within a reasonable time. “In the case of the
Serrano sisters, the investigation was characterized by being incomplete,
partial and slow”;
b)
María Victoria Cruz Franco filed the complaint before the domestic
judicial system by submitting a report on the disappearance of her daughters;
subsequently, she filed a petition for habeas corpus in their favor. However,
“the whereabouts of the [Serrano Cruz sisters] have not been discovered and
those responsible for their disappearance have not been identified or
punished. More than eight years have elapsed since the case was reported to
the competent authorities and, to date, the legal proceedings have come no
closer to clarifying the facts, punishing those responsible and […] making
reparation to the victims and their next of kin”;
c)
When deciding the petition for habeas corpus filed by María Victoria
Cruz Franco, the Constitutional Chamber of the Supreme Court of Justice
stated that, under Salvadoran legislation, this remedy was “not appropriate to
investigate the whereabouts of the Serrano Cruz sisters, and was contrary to
the criteria of the court.” The Constitutional Chamber’s response, added to
the fact that the criminal investigation against members of the Atlacatl
Battalion is still at the pre-trial investigation stage, “results in the denial of
justice”;
d)
In the criminal proceedings, various measures seeking to clarify
whether the children were abducted from the zone by the Army have not
been taken, despite the existence of several relevant probative elements. The
Army has not provided any information that could help clarify the case, “such
as a record with information on the children who were allegedly evacuated
from the conflict zones during “Operación Limpieza” or the ‘Guinda de Mayo’”;
e)
The Salvadoran authorities have not taken any steps to trace the
children. “During the proceedings, they have not taken a statement from any
member of the Army, and they have not obtained documents that could
provide relevant information.” “All the measures to trace documentation that
could contribute relevant information to the case have been denied by the
different military authorities in the various inquiries undertaken by the
Chalatenango Trial Court.” No investigation has been made into whether the
girls were transferred to a children’s home or given up in adoption. María de
Gropp stated in her testimony before the Court that “no State authority had
asked her for information about the fate of the children from the war”;
f)
“In recent months, the investigation has been aimed at proving that
the children do not exist. The measures taken by the assigned prosecutor and
the trial judge raise serious doubts about the impartiality of the investigation,
and the authenticity of the evidence collected.” First, there are indications
that María Esperanza Franco was coerced into making her final statement.
Second, “the partiality of the proceedings is demonstrated, because the end
purpose of the investigation has become to defend the State before the Court
and not to identify and punish those responsible. Both the trial judge and the
prosecutor in the case have affirmed this.” Even though an expert from the
National Civil Police verified that, throughout the baptismal records where
Erlinda is registered, there are changes in the ink and in the handwriting and
“crossings out,” the prosecutor asked for the records to be re-examined and,