-97206. For the present purposes, costs include those related to the stage of access to
justice at the national level, and those related to justice at the international level
before the two organs of the inter-American system for the protection of human
rights: the Commission and the Court.72
207. The Court takes into account that the next of kin of Ernestina and Erlinda
Serrano Cruz acted through representatives, before both the Commission and the
Court. The Court considers that it is fair to order the State to reimburse the sum of
US$38,000.00 (thirty-eight thousand United States dollars) or the equivalent in
Salvadoran currency, to the Asociación Pro-Búsqueda for the costs and expenses it
incurred in the domestic sphere and in the international proceedings before the interAmerican system for the protection of human rights, and to reimburse the sum of
US$5,000.00 (five thousand United States dollars) or the equivalent in Salvadoran
currency, to CEJIL for the costs and expenses incurred in the said international
proceeding.
F)
MEANS OF COMPLIANCE
208. To comply with this judgment, El Salvador shall pay the compensation for
pecuniary and non-pecuniary damage (supra paras. 152 and 160), reimburse the
costs and expenses (supra para. 207), and adopt the measure of reparation relating
to the organization of a public act acknowledging its responsibility for the violations
declared in this judgment and in reparation to the victims and their next of kin
(supra para. 194), within one year of its notification. The State shall adopt the
measures of reparation relating to the operation of a national commission to trace
the young people who disappeared when they were children during the armed
conflict, with the participation of civil society (supra paras. 183 to 188), the creation
of a search web page (supra para. 189 to 191), publication of this judgment (supra
para. 195), and designation of a day dedicated to the children who disappeared
during the internal armed conflict (supra para. 196), and shall provide medical and
psychological treatment to the next of kin of Ernestina and Erlinda (supra paras. 197
to 200), within six months of its notification. El Salvador shall comply with the
obligation to investigate the reported facts, identify and punish those responsible
(supra paras. 166 to 182), and adopt the measure of reparation relating to the
creation of a genetic information system (supra paras. 192 and 193), within a
reasonable time.
209. The State shall comply with its obligations of a pecuniary nature by payment
in United States dollars or the equivalent in Salvadoran currency.
210. The payment of the compensation established in favor of Ernestina and
Erlinda Serrano Cruz shall be deposited in an account or deposit certificate in their
name in a reputable Salvadoran banking institution in United States dollars and in
the most favorable financial conditions permitted by Salvadoran legislation and
banking practice. If, after 10 years, the compensation has not been claimed, the
amount shall be given, with the earned interest, to the siblings of Ernestina and
Erlinda in equal parts, who will have two years to claim it, after which, if it has not
been claimed, it shall be returned to the State.
211.
72
The payment of the compensation for non-pecuniary damage corresponding
Cf. Case of Carpio Nicolle et al., supra note 3, para. 144; Case of Tibi, supra note 20, para. 269;
and Case of the “Juvenile Reeducation Institute”, supra note 9, para. 329.
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