Serrano Cruz Sisters v. El Salvador
Right to Know the Truth | Duty to Investigate | Reparations | Children/Youth | Deprivation of Liberty | Judicial Protection | Juridical Personality | Relatives as Victims
The Court restated the three elements which determine whether the time frame within which proceedings were conducted was reasonable:
a) the case's complexity;
b) the procedural activity of the interested party; and
c) the conduct of the judicial authorities.
In this regard the Court found that the prolonged delay in proceedings constituted, in itself, a violation of the right to a fair trial. The Court ordered the State to provide the medical and psychological treatment required by the next of kin of the victims free of charge. This was to include any medicines they required, taking into consideration the health problems of each one, after making an individual evaluation.
September 11, 2005
Article 1(1) [ACHR], Article 5 [ACHR], Article 8(1) [ACHR], Article 25 [ACHR]
Articles not violated / not dealt with
Article 1(1) [ACHR], Article 4 [ACHR], Article 17 [ACHR], Article 18 [ACHR], Article 19 [ACHR]
Facts of the Case
On 2 June 1982, the then children Ernestina (7 years old) and Erlinda (3 years old) - the Serrano Cruz Sisters - were captured by soldiers of the Atlacatl Battalion of the Salvadoran Army whilst they were in hiding. This occurred during "Operation Cleansing”, which involved around fourteen thousand soldiers and took place between 27 May to 9 June 1982.