-84reunification. This search has affected them psychologically and has increased
the feelings of family disintegration, insecurity, guilt, frustration and
impotence owing to the failure of the judicial authorities to investigate the
facts diligently and adopt measures to trace them. Likewise, it must be borne
in mind that, despite the obstacles she encountered, Ernestina and Erlinda’s
mother continued searching for her daughters and retained the hope of
finding them, until the time of her death. The Court has also taken into
consideration the damage suffered as a result of the delay in the investigation
and the lack of access to justice and guarantees of due process during the
habeas corpus procedure and the criminal proceedings (supra paras. 106 and
107). All the above situations resulted in great sorrow, impotence, insecurity,
anguish, sadness and frustration for the victims’ next of kin, which have
seriously affected their lives, and their family and social relationships. The
Court establishes, in fairness, the sum of US$80,000.00 (eighty thousand
United States dollars) or the equivalent in Salvadoran currency, for the nonpecuniary damage suffered by María Victoria Cruz Franco, and the sum of
US$30,000.00 (thirty thousand United States dollars) or the equivalent in
Salvadoran currency, for this concept, in favor of each of the following
siblings: Suyapa, José Fernando and Oscar, all Serrano Cruz; and
c)
In the case of the siblings Martha, Arnulfo and María Rosa, all Serrano
Cruz, based on the testimonies of the next of kin and the expert reports, and
also the presumptions established above (supra para. 159), it can be
concluded that all of them have suffered as a result of the uncertainty about
what befell Ernestina and Erlinda and their whereabouts. The Court
establishes, in fairness, the sum of US$5,000.00 (five thousand United States
dollars) or the equivalent in Salvadoran currency, for non-pecuniary damage,
for each of the following siblings: Martha, Arnulfo and María Rosa, all Serrano
Cruz.
161.
With regard to the payment of the compensation, the provisions described in
paragraphs 208 to 216 of this judgment shall apply.
D) OTHER FORMS OF REPARATION
(MEASURES OF SATISFACTION AND GUARANTEES OF NON-REPETITION)
Arguments of the Commission
162.
The Commission requested the Court to order the State:
a)
“To adopt the necessary measures to give legal effect in the domestic
sphere to the obligation to effectively investigate and punish those
responsible for the abduction and forced disappearance of the Serrano Cruz
sisters”;
b)
To conduct a serious, complete and effective investigation in order to
trace the sisters, Ernestina and Erlinda Serrano Cruz, and, should it be
established that they have been murdered, adopt all necessary measures to
deliver their remains to their next of kin. If Erlinda and Ernestina are found
alive in El Salvador or in any other State, “all necessary measures should be
taken to ensure that family reunification is possible, and to provide
psychological and logistic support to the next of kin who require it in that