41
Arguments of the representatives of the alleged victims and their next of kin
126. In their arguments on preliminary objections, the representatives indicated
that they would not refer to this point because “with some exceptions, the State’s
arguments refer to the Commission’s application.” In their final written arguments,
they indicated that the State had withdrawn the preliminary objected entitled
“Inadmissibility of the application owing to ambiguity or inconsistency [of the
application]” and made no reference to the first part of the preliminary objection
entitled “Inadmissibility of the application owing to ambiguity or inconsistency
between the object and the plea, and the body of the text.”
Considerations of the Court
127. The Court rejects preliminary objection 3(1) (supra para. 121) entitled
“Inadmissibility of the application owing to ambiguity or inconsistency between the
object and the plea, and the body of the text”, because it is not a true preliminary
objection.
FOURTH PRELIMINARY OBJECTION
“Failure to exhaust domestic remedies”
(“Justified delay in the corresponding decision”
and “Inappropriateness of the remedy of habeas corpus”)
128. The Court will now summarize the arguments of the State, the Inter-American
Commission, and the representatives of the alleged victims and their next of kin
regarding this preliminary objection.
Arguments of the State
129. The State indicated that “it had duly alleged the objection of failure to
exhaust domestic remedies [in the proceeding before the Inter-American
Commission], on the basis that the judicial proceeding before the pertinent instance
had not yet been finalized, so that domestic remedies had not been exhausted,” and
there had been a “Justified delay in the corresponding decision.” The State also
alleged the “Inappropriateness of the remedy of habeas corpus” to determine the
whereabouts of the Serrano Cruz sisters. In this regard, the State argued that:
a)
“It is not true that the decision of the Inter-American Commission on
Human Rights concerning this objection is valid, because it never took into
account all the inconsistencies” in the statements made by the mother of
Ernestina and Erlinda Serrano Cruz;
b)
During the criminal investigation, “pertinent procedures were
conducted “seeking the truth and it has not been possible to determine or
individualize anyone to whom the disappearance of the children could be
attributed.” This is due to facts that cannot be attributed to the State, but to
“external agents” such as: incoherence of the evidence provided by the
alleged victims’ next of kin, particularly the evidence provided by their
mother, who has changed her testimony; essential evidence for clarifying the
facts was destroyed in the fires that occurred in Army barracks and on the
premises of the Salvadoran Red Cross during the armed conflict; failure to
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos