7
given that the information regarding the officers that participated in “Operation CleanUp” is of paramount importance to the investigation, it must be provided to the trial
court as soon as possible. Finally, the State must assess and, if appropriate, use
additional resources and implement appropriate mechanisms to diligently advance the
investigation into the facts of this case.
20.
In addition, the representatives expressed their concern over the summons
issued to Suyapa Serrano to appear before the Trail Court hearing the case (supra
Considering clause No. 13); a move possibly designed to obstruct or make the family
desist from the proceedings before the Tribunal. The Court finds it an interesting
coincidence that she was summoned to appear before the Trial Court on the same date
and at the same time as the hearing regarding compliance with judgment scheduled in
the instant case. In this connection, the Court concluded in its Judgment that “since
the case was submitted to the Inter-American Court, the criminal investigation before
the Chalatenango Trial Court has been aimed mainly at defending the State in the
international proceedings before the Court and not at investigating the facts alleged in
the criminal proceedings.”12
21.
Based on the foregoing, the Court considers that it is imperative for the State
to: a) provide detailed and up-to-date information regarding the progress of the
investigation conducted in this case, including copies of the main documents contained
in the records of the case that show the status and progress of said proceedings; b)
report on the steps to be taken in the investigation; c) explain the reasons for the lack
of significant progress in the investigation and provide information regarding the
mechanisms or resources that could be effective in diligently advancing the
investigation; d) provide information regarding the representatives’ allegations that
some authorities had obstructed the proceedings and, if appropriate, indicate if the
pertinent measures have been taken, and e) clarify the purpose and circumstances of
the summons issued to Suyapa Serrano and explain the need to summon her on the
same date and time as the hearing regarding compliance with judgment scheduled by
this Court.
*
*
*
22.
As regards the creation of a national commission to search for the young people
who disappeared when they were children during the armed conflict, with the
participation of civil society (seventh operative paragraph of the Judgment), the State
reported that although a bill had been introduced in Congress to create such
commission, to date, it has not been passed by the Legislature. As a result, by means
of a decree, the “Executive Branch has decided to create [a] National Commission for
the Search for Disappeared Children” which meets the requirements established by the
Court in its Judgment. To that end, the commission will have broad authority to
“investigate all offices and agencies that comprise the executive branch and to compel
cooperation from other offices and agencies that are independent of the Executive” as
well as operational independence. The commission will be composed of three members
appointed by the President. One of them will be appointed on the recommendation of
the Asociación Pro-Búsqueda and the other two “may not be government officials and
12
Case of the Serrano-Cruz Sisters v. El Salvador. Merits, Reparations and Costs. Judgment of March
1, 2005. Series C No. 120, para. 166.