context of this measure of reparation, the Court underscores that the State advised that it
had not yet created the Institute for Access to Public Information, which would be
responsible for ensuring the application of the law with a broad range of powers.
Consequently, the information provided does not allow this Court to evaluate how, at the
present time, the said law is guaranteeing effectively to both agents of justice and to
Salvadoran society, public, technical and systematized access to the archives that contain
useful and relevant information for the investigation in proceedings opened for human rights
violations during the armed conflict.
62.
The State also reported that the National Search Commission for Children
Disappeared during the Armed Conflict was empowered to inspect documentary records or
archives belonging to the Executive Branch, especially documentary records or archives of
military or police institutions, detention centers or prisons that operated between January 1,
1977 and January 16, 1992. However, based on the information provided by the State, the
Court is unable to verify whether the National Search Commission has indeed requested
information from the military authorities in the context of the investigations conducted to
determine the whereabouts of the victims in this case and whether the said request
received a satisfactory answer. In other words, whether the said powers have been used in
this case.
63.
In this regard, the information provided by the State is insufficient, because it does
not allow the Court to assess whether any progress has been made in this aspect of the
Judgment; consequently, it will continue monitoring compliance with this measure.
Therefore, the Court finds it necessary that El Salvador forward complete, detailed and
recent information on the actions taken to comply with the measure of reparation,
forwarding a copy of the corresponding documents. In particular, the State should provide
information on: (a) the measures taken by the State to ensure effective public, technical
and systematized access to the archives that contain useful information that is relevant for
the investigation in proceedings opened for human rights violations during the armed
conflict, and (b) whether in the context of its functions and of the investigations it is
conducting to determine the whereabouts of Julia Inés Contreras, Ana Julia Mejía Ramírez
and Carmelina Mejía Ramírez, the National Search Commission for Children Disappeared
during the Armed Conflict has asked to inspect documentary records or archives of military
or police institutions, detention centers or prisons that operated between January 1, 1977
and January 16, 1992, as well as the response received to the said requests.
j)
Obligation to pay the amounts established in the Judgment, as
compensation for pecuniary and non-pecuniary damage and to reimburse
costs and expenses, as applicable (eleventh operative paragraph of the
Judgment)
64.
The State advised that the 2012 National Budget had already been prepared at the
time the Judgment was notified so that the payment obligation had been incorporated into
the Budget for 2013.
65.
The representatives recalled that, when the time frame indicated by the Court for the
payment of the amounts established in the Judgment is not respected, the State must pay
the interest corresponding to the time that it is in arrears. Therefore, they asked the Court
to consider that this measure of reparation had not been complied with, and to reiterate to
the State that it should execute it promptly and satisfactorily.
66.
The Commission took note that the State had indicated that it was taking the
necessary steps to comply with this aspect of the Judgment and, since the time frame for
20