-43Blanca Rosa Galdámez de Franco to testify as witnesses because, on those dates, the
prosecutor informed the court that he “had heard out-of-court [… that these persons
c[ould] provide information that w[ould] help clarify the facts under investigation.”
The last four of the five persons indicated as witnesses by the prosecutor and
summoned by the court were also proposed as witnesses before the Inter-American
Court by the State’s Agents in their brief of October 31, 2003, filing preliminary
objections, answering the application and providing observations on the requests and
arguments brief (supra para. 5). On October 17 and 23, 2003, the following day and
the same day as the Chalatenango Trial Court had issued the summons, the
testimonies of these five witnesses were heard; they stated, inter alia, that they did
not know that Ernestina and Erlinda Serrano Cruz were the daughters of María
Victoria Cruz Franco and that they did not know the girls.
48(71) On October 29, 2003, the prosecutor assigned to the case filed a brief before
the Chalatenango Trial Court, in which he requested that María Esperanza Franco
Orellana de Miranda should be summoned again, because “he h[ad] heard out-ofcourt that the said witness ha[d] information which c[ould] lead to clarification of the
facts under investigation.” The same day, instead of summoning Mrs. Franco
Orellana, the Chalatenango Trial Court “summon[ed] María Victoria CRUZ FRANCO to
appear [… on October 29].” This summons was delivered to the prosecutor assigned
to the case. On October 29, 2003, the day that the summons was issued in the name
of Mrs. Cruz Franco, María Esperanza Franco Orellana de Miranda made a second
statement before the Chalatenango Trial Court. In this statement, Mrs. Orellana de
Miranda, contradicting what she had said in her first statement made on September
23, 1997, before the Chalatenango Trial Court (supra para. 48(35)), stated that “it
[was] not true that [… she had seen] the children, Erlinda and Ernestina SERRANO
descend from a helicopter or get into a Red Cross vehicle[, … because] she had
never known or seen the [Serrano Cruz sisters] or heard their names before.” María
Esperanza Franco Orellana de Miranda was also proposed as a witness before the
Inter-American Court by the State’s Agents in their brief of October 31, 2003, filing
preliminary objections, answering the application and providing observations on the
requests and arguments brief (supra para. 5).
48(72) On July 2, 2004, the assigned prosecutor filed a brief before the Chalatenango
Trial Court in which he stated that “he consider[ed] it necessary to inspect” the
baptismal records of the Parish of San Juan Bautista in Chalatenango, because “he
ha[d] heard that the child, Ernestina [(sic)] Serrano, [had been] baptized in this
parish.” Accordingly, to “verify the authenticity of [these] records,” he requested that
an official communication should be sent “to the Technical and Scientific Police Unit
[requesting them to make a] graphalogical analysis.” On August 25, 2004, the
prosecutor requested the court to correct the name, Ernestina, which should have
been Erlinda; the same day the court corrected the name.
48(73) On July 8, 2004, the Chalatenango Trial Court indicated that the graphalogical
analysis should be made on August 17, 2004, during the judicial inspection of the
baptismal registration of Erlinda Serrano Cruz in the baptismal records of the parish
of San Juan Bautista. However, the Technical and Scientific Police Unit indicated that
no experts were available on that date; consequently, the court decided that it
should be made on September 2, 2004. Given the change of date decided by the
Chalatenango Trial Court for this inspection, on August 19, 2004, the prosecutor
assigned to the case indicated that taking this measure on the later date “[was] too
late[, …] because the hearing before the Inter-American Court was imminent.” He
therefore asked for a new date and time to be established for conducting the judicial