58
proceedings were admitted, an executing judge was appointed in each case, who, after
addressing the corresponding authorities, examined the investigation by the Ombudsman’s
Office and the criminal investigation conducted up until that time in the each case. In the
case of the Mejía Ramírez sisters, the executing judge placed on record that she “could not
notify the Commanding Officer of the Atlacatl Immediate Response Infantry Battalion
because it had been demobilized owing to the signature of the Peace Accords, and that the
officials mentioned in the application for habeas corpus were not notified because they had
retired from military service.”256 In the case of José Rubén Rivera Rivera, the executing
judge notified the Commanding Officer of the Fifth Infantry Brigade of San Vicente, who
made the “Daily Operations Log” available; although evidence of an attack in the canton of
La Joya, San Vicente Department, on May 16, 1983, was not found, and there was no record
of the rescue of a child named José Rubén Rivera Rivera. The Military Summary Log was also
examined, “with the same results,” and in response to a direct question from the executing
judge, the Commanding Officer of the Brigade responded that “an operation of that type did
not take place.”257 Lastly, in the case of the Contreras siblings, the Minister of Defense and
the Head of the Joint Chiefs of Staff of the Armed Forces were notified, and they advised
that there were no records or background information related to possible restrictions or
deprivations of liberty of the Contreras siblings. Thus, the executing judge concluded that
“at that time, no complete and organized record was available of the military units that took
part in the military operations [described by María Maura Contreras]; also, there is no
complete or detailed record of the rank or name of the soldiers who carried out those
operations.”258
161. In rulings dated March 20259 and 21,260 2002, and February 17, 2003,261 the
Constitutional Chamber decided to acknowledge the constitutional violation of the right to
physical liberty of all of them and urged the Prosecutor General’s Office to take the
necessary measures, in keeping with its constitutional powers, to establish the situation of
the beneficiaries in order to safeguard their fundamental right to liberty. It was only in the
case of the Contreras siblings that the Public Prosecution Service ordered the opening of an
investigation under file No. 585-UDVSV-08 on July 3, 2008.262
162. Regarding the measures taken in the context of the applications for habeas corpus, it
is clear that the executing judge merely sent a letter to the Minister of Defense and the
Head of the Joint Chiefs of Staff of the Armed Forces in the case of the Contreras siblings,
and inspected certain files of the Fifth Infantry Brigade of San Vicente in the case of José
Rubén Rivera Rivera, which had been part of the investigative activity in the criminal
256
Decision issued by the Constitutional Chamber of the Supreme Court of Justice in habeas corpus
proceeding 379-2000 on March 20, 2002 (evidence file, volume III, attachment 39 to the application, folios 2384 to
2392) and Report issued by the Executing Judge in habeas corpus proceeding 379-2000 (evidence file, volume III,
attachment 34 to the application, folios 2368 to 2370).
257
Decision issued by the Constitutional Chamber of the Supreme Court of Justice of El Salvador in habeas
corpus proceeding 378-2000 on March 21, 2002 (evidence file, volume III, attachment 44 to the application, folios
2471 to 2475).
258
Decision issued by the Constitutional Chamber, supra note 70 (evidence file, volume III, attachment 13 to
the application, folios 2186 to 2191).
259
Cf. Decision issued by the Constitutional Chamber, supra note 256.
260
Cf. Decision issued by the Constitutional Chamber, supra note 257.
261
Cf. Decision issued by the Constitutional Chamber, supra note 70 (evidence file, volume III, attachment 13
to the application, folios 2186 to 2191).
262
Cf. File 585-UDVSV-2008, supra note 223, (evidence file, volume X, attachment 3 to the answer to the
application, folio 6575).
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