46
those disappearances.229 Based on new information presented by the Search Association on March 5,
2002, concerning the disappearance of children during the armed conflict, the Ombudsman’s Office
issued a decision on February 10, 2003, establishing the State’s non-compliance with the institutional
resolution of March 1998 and ratifying “the State’s non-delegable obligation to investigate, prosecute
and punish those responsible for massacres, arbitrary, summary or extrajudicial executions of
persons, forced disappearances and other serious crimes denounced and confirmed by the Office of
the Human Rights Ombudsman.”230 Subsequently, on September 2, 2004, the Ombudsman’s Office
issued another decision in which it confirmed the State’s non-compliance with the resolutions of 1998
and 2003, and reiterated its recommendations, “especially those concerning the promotion of full
access to the truth, justice and reparation for the families of children who were victims of forced
disappearance during the armed conflict.” 231 In that resolution, the Ombudsman’s Office confirmed
that it had received well-founded information concerning 136 cases of forced disappearance of
children during the Salvadoran armed conflict, additional to the seven cases investigated by the
Ombudsman’s Office and presented in its 1998 resolution, which it considered “illustrates, with tragic
clarity, the characteristics common to this large number of crimes against humanity, and fully
demonstrates its systematic and ongoing nature at that time.”232 Among these cases, it included those
of “José Adrián Hernández Rochac”, “Emelinda Lorena Hernández Sánchez”, “Manuel Antonio Bonilla
Osorio” and “Ricardo Ayala.”233 The Ombudsman´s Office also ordered that its decision be notified to
the Attorney General of the Republic, an order made effective on September 7, 2004.234 However,
there is no record that criminal investigations were opened in compliance with that order of the
Ombudsman’s Office of 2004 (infra para. 144). Furthermore, as was acknowledged by the State, in
the case of Santos Ernesto Salinas his mother had filed a complaint with the Office of the Attorney
General in August 2002, which had not been admitted (supra para. 66).
142. The Court reiterates that, although a complaint filed with the Ombudsman’s Office can result
in effective and useful actions in cases of alleged human rights violations, it is clear that the facts
denounced were also brought to the attention of the Office of the Attorney General, who had the
responsibility of initiating the corresponding criminal proceedings.235
143. Consequently, the Court finds that, since the State did not initiate, without delay, a criminal
investigation into what happened to José Adrián Rochac Hernández, Santos Ernesto Salinas, Emelinda
Lorena Hernández, Manuel Antonio Bonilla and Ricardo Abarca Ayala, even though it had knowledge
that they had disappeared at different times (supra para. 141), the State failed to fulfill its duty to
Cf. Case Contreras et al. v. El Salvador, supra, para. 134, and Report of the Human Rights Ombudswoman on the
forced disappearance of the sisters Ernestina and Erlinda Serrano Cruz, their current impunity and the pattern of violence in
which their disappearances occurred, of September 2, 2004 (evidence file, volume V, annex 1 to the pleadings, motions and
evidence brief, folios 2033 to 2037).
229
Report of the Human Rights Ombudswoman on the forced disappearance of the sisters Ernestina and Erlinda Serrano
Cruz, its current impunity and the pattern of violence in which those disappearances occurred, of September 2, 2004 (evidence
file, volume V, annex 1 to the pleadings, motions and evidence brief, folio 2043).
230
Report of the Human Rights Ombudswoman on the forced disappearances of the sisters Ernestina and Erlinda Serrano
Cruz, its current impunity and the pattern of violence in which those disappearances occurred, of September 2, 2004 (evidence
file, volume V, annex 1 to the pleadings, motions and evidence brief, folios 2197 to 2198).
231
Report of the Human Rights Ombudswoman on the forced disappearances the sisters Ernestina and Erlinda Serrano
Cruz, its current impunity and the pattern of violence in which those disappearances occurred, of 2 September of 2004
(evidence file, volume V, annex 1 to the pleadings, motions and evidence brief, folio 2106).
232
Cf. Report of the Human Rights Ombudswoman on the forced disappearances of the sisters Ernestina and Erlinda
Serrano Cruz, its current impunity and the pattern of violence in which those disappearances occurred, of September 2, 2004
(evidence file, volume V, annex 1 to the pleadings, motions and evidence brief, folios 2125, 2127 and 2132).
233
Cf. Record of notification of the Attorney General of September 7, 2004 (evidence file, volume IV, annex 19 to the
submission of the case, folio 1995).
234
235
Cf. Case of Contreras et al. v. El Salvador, supra, para. 135.