d)
Ensure that the competent authorities conduct the corresponding investigations ex
officio and, to that end, that they have available and use all the necessary logistic and
scientific resources to obtain and process the evidence and, in particular, that they have
the authority to access the pertinent documentation and information to investigate the
events denounced and to carry out the essential actions and inquiries to clarify what
happened in this case;
e)
Guarantee that the investigations into the events that constitute the massacres in
this case remain, at all times, in the ordinary jurisdiction;
f)
Ensure that the different organs of the justice system involved in the case have
the necessary human, financial, logistic, scientific or any other type of resources
necessary to perform their tasks adequately, independently and impartially, and take the
necessary measures to ensure that judicial officials, prosecutors, investigators and other
agents of justice have an adequate safety and protection system, taking into account the
circumstances of the cases under their responsibility and the place where they are
working, that will allow them to perform their functions with due diligence, and also to
ensure the protection of witnesses, victims and next of kin, and
g)
Ensure full access and legal standing at all the stages of the investigation and
prosecution of those responsible to the victims or their next of kin.
320. In addition, the results of the corresponding proceedings must be published so that
Salvadoran society knows the facts that are the purpose of this case, and also those responsible.
321. As decided in the Case of Contreras et al v. El Salvador,499 the State must adopt
pertinent and adequate measures to guarantee to agents of justice, and also Salvadoran society,
public, technical and systematized access to the archives that contain relevant and useful
information for the ongoing investigations in the cases concerning human rights violations during
the armed conflict; measures that it must support with the appropriate budgetary allocations.
2)
Administrative, disciplinary or criminal measures for the State officials
responsible for obstructing the investigations
322. The Commission asked the Court to order the State to require the corresponding
administrative, disciplinary or criminal measures for the acts or omissions of State officials who
contributed to the denial of justice and the impunity of the facts of the case, or who took part in
actions to obstruct the proceedings intended to identify and punish those responsible.
323. The representatives indicated that, even though, during the judicial proceedings,
numerous statements were received and that, based on the exhumations, the violent death of
the victims has been proved, the State agents in charge of the proceedings have not taken a
single measure to establish the truths about what happened. In addition, after five years, the
trial judge has still not decided a series of requests filed by the victims’ representatives that
include the non-applicability of the Amnesty Law, and the implementation of a series of
procedures to clarify the facts. Furthermore, although the Supreme Court of Justice indicated
that the Amnesty Law should not be applied to this kind of event more than 10 years ago, the
prosecution has not filed the corresponding request, and the trial judge has not adopted any
decision whatsoever. Therefore, it would be “evident that, in this case, neither the trial judge nor
the Public Prosecution Service has complied with their obligations.” Consequently, they asked
the Court to order the State to conduct a prompt, adequate and impartial investigation that
allows the irregularities to be rectified, and those responsible to be prosecuted and punished.
324. The State made no specific reference to this claim for reparation, although it
acknowledged its “obligation to investigate the events denounced, to prosecute by a fair trial
499
Cf. Case of Contreras et al. v. El Salvador, para. 212.
105
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