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determine the legal existence of the two minors until three days before the
complaint was filed before the Chalatenango Court “for causes attributable to
the parents of the girls, because they had never registered their daughters on
the pertinent registers.” The contradictions in the statements of María Victoria
Cruz Franco, mother of the alleged victims, cannot be justified by her fear of
being considered a member of the Salvadoran guerrilla;
c)
In the domestic jurisdiction, María Victoria Cruz Franco made three
statements, Suyapa Serrano one, and Esperanza Franco two, and the facts of
the case cannot be determined with any certainty from them. There is no
valid evidence that would allow the Inter-American Court to take a decision
on the merits of the case, without risking delivering a ruling which does not
reflect what may really have happened;
d)
“Since the case is pending before the Inter-American Court, it is
necessary to wait for its decision in the matter, before continuing with the
investigations in the case, and presenting all the evidence provided to the
international instance, in order to redirect the whole investigation.” It is also
necessary to investigate “the Fourth Infantry Brigade further, with regard to
possible files that may provide information on what happened, […] and to
seek further information on the sisters’ dates of birth”;
e)
“It is essential to establish the whole historical context in relation to
‘the masses’, the operations of the Armed Forces, the Salvadoran guerrilla
camps. […] It should include not only the Atlacatl Battalion [… ,] but also […]
the possible participation of other units should be verified.” “The other
children of the Serrano Cruz family [have not been] summoned to provide
testimony, since this would be unlawful as the international proceeding is
pending.” In the domestic sphere, any decision adopted by the InterAmerican Court on the possible inexistence of the minors and with regard to
the alleged falsification of one of the baptismal certificates must be taken into
account;
f)
The international court must determine whether the fact that the girls
were picked up by soldiers and handed over to the Salvadoran Red Cross
“constitutes a crime in itself,” given that “it should be recalled that, if the
soldiers picked up the minors, they did not know that their next of kin were
nearby”;
g)
The remedy of habeas corpus, whose effectiveness stems from the
urgency of the jurisdictional order to find and free a disappeared person,
would normally be appropriate for exhausting domestic remedies. However, in
this case it was not, because it was filed 13 years after the disappearance of
the alleged victims. Moreover, it is not appropriate to determine the
whereabouts of the Serrano Cruz sisters, because it has not been alleged that
the children were detained by State authorities, and there is valid evidence
concerning the participation of a humanitarian organization. The appropriate
remedy to exhaust domestic remedies in this case is the filing of a criminal
proceeding;
h)
“It may be presumed that [the remedy of habeas corpus] was used as
a formal requirement for access to the Inter-American Commission on Human
Rights”; and
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