-7facts or acts subsequent to or which commenced after that date. Consequently, the
Court decided that it would not rule on the alleged forced disappearance of Ernestina
and Erlinda Serrano Cruz, which was alleged to have occurred in June 1982 and,
accordingly, on any of the allegations that support violations related to this
disappearance.
IV
PRIOR CONSIDERATIONS
27.
The Court considers it necessary to establish that, even though it will not rule
on the alleged violation of the Convention by El Salvador with regard to some of the
facts affirmed by the Commission concerning the alleged forced disappearance of the
children, it will take into consideration the facts described to the extent that is
necessary to contextualize the alleged violations that took place after June 6, 1995,
the date on which the State accepted the Court’s jurisdiction.
28.
The foregoing considerations concerning the alleged forced disappearance of
Ernestina and Erlinda Serrano Cruz are necessary because, in the domestic sphere in
El Salvador, there is a criminal case before the Chalatenango Trial Court “against
members of the Atlacatl Battalion” to investigate what happened to the Serrano Cruz
sisters. Regarding the crime under investigation, the Court has noted that, in El
Salvador at the time of the facts described in the application, the crime of forced
disappearance was not typified and that, in the internal case file, different criminal
categories are mentioned such as “removal from personal care (sustracción del
cuidado personal) of the children, Erlinda and Ernestina Serrano” and “abduction”;
moreover, in the international proceeding, the State has indicated that it is
investigating “the crime of deprivation of liberty of the children, Ernestina and
Erlinda Serrano.” When ruling on the facts or acts that occurred after June 6, 1995,
including those related to the alleged violations of judicial guarantees and judicial
protection, the Court will sometimes have to refer to what is being investigated in
that proceeding; however, it should not be understood that it is ruling on State
responsibility for what happened prior to June 6, 1995, because it lacks jurisdiction
to do so.
29.
In addition, the internal armed conflict that took place in El Salvador from
1980 to 1991 is a historical fact that is not disputed. Consequently, the Court
considers it necessary to emphasize that, without ruling on the alleged forced
disappearance of the children, Erlinda and Ernestina Serrano Cruz, it will take into
account the said armed conflict and the alleged facts described by the parties to the
extent necessary to place the instant case in context.
V
EVIDENCE
30.
Before examining the evidence provided, the Court will make some
observations, in light of the provisions of Articles 44 and 45 of the Rules of Procedure
which have been developed in its case law and are applicable to this case.
31.
The adversary principle, which respects the right of the parties to defend
themselves, applies to matters pertaining to evidence. This principle is embodied in
Article 44 of the Rules of Procedure, as regards the time at which the evidence