20
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la Cruz Sánchez. Emelinda Lorena Hernández’s siblings are Joel Alcides Hernández, 3 years old, Juan
Evangelista, José Cristino, Eligorio, and Rosa Ofelia Hernández. Emelinda Lorena Hernández’s
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grandmother is Valentina Hernández, and her life partner is Santiago Pérez .
1.
Facts surrounding her disappearance
110.
From December 8 to 16, 1981, an extensive military operation was carried out in several
cantons of the jurisdiction of Meanguera, department of Morazán. In the context of this operation events
occurred known as the Massacres of El Mozote and nearby places, in which more than 1,000 persons
were killed at the hands of the Immediate Response Battalion (Batallón de Reacción Inmediata) of the
85
Armed Forces of El Salvador. The operation was called “Operación Rescate” (Operation Rescue) and is
the most emblematic example of the implementation of scorched earth operations as part of the strategy
86
known as “taking the water from the fish.” The military commander of the operation was the commander
87
of the Atlacatl Battalion, Domingo Monterrosa Barrios.
111.
Next is a description of the facts that surrounded the disappearance of Emelinda Lorena
Hernández based on the narration of the petitioners, which has been recognized by the State in the
procedure before the Inter-American Commission. This narration also agrees with the habeas mentioned
infra.
112.
The family of Emelinda Lorena Hernández – who at the time was nine months old – lived
in the canton of La Joya. On learning of the imminent military incursion the family fled to the bush in
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search of protection. After several days on the run, the Emelinda Lorena Hernández’s parents decided
to take her to the canton of La Joya and leave her in the care of a woman by the name of Marta Ramírez,
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who in turn had four children, including an eight-month-old baby.
113.
On December 12, the day after having left Emelinda Lorena Hernández in the care of
Marta Ramírez, shots were heard. That night, the father of Emelinda Lorena Hernández found Marta
90
Ramírez and her family dead, but did not find the body of Emelinda Lorena. Persons who lived in the
91
area saw soldiers taking away children.
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Annex xx. Birth certificate of Emelinda Lorena Hernández, issued April 1, 1981 and Facts from the Petition. The
information available indicates that the father of Emelinda Lorena Hernández is deceased.
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Facts narrated by the petitioners, recognized by the State.
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These facts were before the Commission in the context of Case 10,720. El Mozote Massacre v. El Salvador. At present
these facts are under the jurisdiction of the Inter-American Court. The note remitting the case to the Inter-American Court and the
Inter-American
Commission’s
report
on
the
merits
can
be
found
at
the
following
link:
http://www.cidh.oas.org/demandas/10.720Esp.pdf
86
On the Operation and the events that occurred in its context, see: Annex xx. Informe de la Oficina de Tutela Legal del
Arzobispado de San Salvador, El Salvador, sobre la masacre de El Mozote y caseríos aledaños, November 9, 1991. See also:
From Madness to Hope: The 12-Year War in El Salvador: Report of the Commission on the Truth for El Salvador, Available at:
http://www.fundacionpdh.org/lesahumanidad/informes/elsalvador/informe-de-la-locura-a-la-esperanza.htm. p. 118.
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On the Operation and the events that occurred in its context, see: Annex xx. Informe de la Oficina de Tutela Legal del
Arzobispado de San Salvador, El Salvador, sobre la masacre de El Mozote y caseríos aledaños, November 9, 1991. See also:
From Madness to Hope: The 12-Year War in El Salvador: Report of the Commission on the Truth for El Salvador, Available at:
http://www.fundacionpdh.org/lesahumanidad/informes/elsalvador/informe-de-la-locura-a-la-esperanza.htm. p. 118.
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Facts narrated by the petitioners, recognized by the State. In general, these facts agree with the narration set forth in
the habeas corpus motion, November 15, 2002.
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Facts narrated by the petitioners, recognized by the State. In general, these facts agree with the narration set forth in
the habeas corpus motion, November 15, 2002.
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Facts narrated by the petitioners, recognized by the State. In general, these facts agree with the narration set forth in
the habeas corpus motion, November 15, 2002.
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Facts narrated by the petitioners, recognized by the State. In general, these facts agree with the narration set forth in
the habeas corpus motion, November 15, 2002.