13
b)
the judgment is clear upon deciding: that the compensation awarded to
Mrs. Cruz Franco should be delivered to her children in equitable parts; that two
of those parts should be awarded to Ernestina and Erlinda Serrano Cruz; and
the rules that have to be followed to pay Ernestina and Erlinda Serrano Cruz.
39.
Arguments of the Representatives
The representatives expressed that “[the request of the State] is something the
Honorable Court should assess at the time of pronouncing the corresponding
Judgment”.
Remarks of the Court
40.
The Court deems that the scope of the ruling in the Judgment on the merits,
reparations and costs is clear, in regards of the persons to whom the compensation
shall be delivered for non pecuniary damages caused to María Victoria Cruz Franco.
Nevertheless, in order to dissipate any doubts the State might have in this regard, the
Tribunal deems convenient to establish the decision set forth in paragraph 211 with
greater clarity as well as in resolution twenty of the previously mentioned Judgment,
where it was established that the payment of the compensation awarded to the above
mentioned person by way of non pecuniary damages “shall be delivered to her children
on an equitable bases”.
41.
The provisions set forth in paragraph 211 and in resolution number twenty of
the Judgment on the merits, reparations and costs, should be understood bearing in
mind the declarations of the Court in other parts of the same Judgment, such as in
paragraphs 48(2), 48(6), 48(8), 97 in fine, 112 in fine, 130, 131 and 210.
42.
that:
Concerning paragraphs 48(2), 48(6) and 48(8), the Tribunal deemed proven
On May 31, 1996, the Association for the Search of Disappeared Children […] lodged a
complaint before the Office of the Ombudsman for Human Rights for the alleged
disappearance of 145 children during the armed conflict in El Salvador; among these, the
previously mentioned Association denounced the case of the alleged disappearance of the
sisters Ernestina and Erlinda Serrano Cruz, presumably occurring in June 1982 in
Chalatenango. […]
[…]
The Association for the Search of Disappeared Children has received around 721 requests for
the search of disappeared children during the armed conflict, of which it has resolved about
246. […]
[…]
[…] Some of the approximately 52 cases of disappeared children during the military
operation called “guinda de mayo” in 1982 were solved and all the youngsters located by
the Association for the Search of Disappeared Children were alive when found.
43.
In paragraph 97 in fine of the Judgment on the merits, reparations and costs,
when it refers to the violation to articles 8 (Judicial Guarantees) and 25 (Judicial