8 must meet the criteria of independence —i.e. they may not be a member of a political party, or have a work history that includes employment or connection with military institutions, or have been a member of any type of armed group— and possess vast experience and expertise in human rights, among other requirements.” The commission will have authority to request information regarding files, conduct inspections in any office or agency of the executive branch, maintain constant and direct communication with the group of victims of forced disappearance of children, issue public reports, make recommendations and promote awareness campaigns. 23. The representatives pointed out that the draft Decree “sets forth provisions that would lead to compliance with most of the requirements specified in the Judgment.” However, they raised some concerns about the commission, mainly that: a) it would be located in the building of the Ministry of Foreign Affairs, which place would be difficult to access; b) it would be funded using the resources of the Ministry, which could compromise its independence, and c) its investigative powers would be limited to “the offices and agencies under the executive branch” and would therefore lack authority to request information from the Legislature or the Judiciary, which could aid in the investigations. 24. The Inter-American Commission pointed out that the creation of a commission for the search for disappeared children “is an important step that could help overcome the initial shortcomings.” In addition, it took into consideration the concerns raised by the representatives and reserved its opinion on this issue until it can get hold of the text of the Decree. 25. That the Court specified a period of six months from the date notice of the Judgment was given for the State to comply with such measure of reparation. After almost five years, the Court notes that this obligation has not been fulfilled. The Court takes into consideration that the State plans to set up a "National Commission for the Search for Children who Disappeared during the Internal Armed Conflict”, to replace the previous Inter-Institutional Commission for the Search for Disappeared Children that finished its work on May 31, 2009. According to the information provided by the State, the new commission would aim to comply with the requirements set forth in the Judgment. The Court points out that, in order to achieve such aim, the aforesaid commission should, inter alia, be independent and impartial, have authority to take all such measures as may be necessary to investigate and gather evidence relating to the possible whereabouts of the children who disappeared during the armed conflict. Additionally, it is essential that all government bodies and authorities be under the obligation to cooperate in providing information and access to all files and records.13 Furthermore, the Court notes that the selection of the members of the abovementioned Commission for the Search for Disappeared Children is in its first stages, prior to its establishment. In addition, the Tribunal has no information about whether the draft Decree that creates said commission has been enacted by the Executive and published in the Official Gazette. 26. Based on the foregoing, the State must provide up-to-date information to the Court regarding: a) the possible enactment and publication of the abovementioned draft Decree in the Official Gazette, in which case the State must submit a copy thereof; b) progress towards the creation and operation of the aforesaid commission as well as its compliance with the requirements set forth in the Judgment; c) progress 13 Cf. Case of the Serrano-Cruz Sisters, supra note 12, paras. 184 to 188.

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