order to comply with national and international requirements concerning access to public
information.
58.
The representatives indicated that, although the State’s report referred to the
adoption and entry into force of the Law on Access to Public Information, “more than 18
months after its entry into force, the Institute for Access to Public Information had still not
been created, because the members of this entity had not been appointed, and it had not
even been allocated a budget.” Thus, even with the law in force, “it is not possible” to
exercise the right of access to public information, and that this right guarantee the opening
of the military archives that would be useful and relevant in the search for the disappeared
children. They also indicated that they were unaware whether, to date, the National Search
Commission had exercised its authority “to inspect documentary records or archives of
State institutions that are part of the Executive Branch, especially records or archives of
military or police institutions, detention centers or prisons that operated between January 1,
1977 and January 16, 1992.” Consequently, the representatives indicated “that the
measures reported by the State have not been effective to guarantee” this measure of
reparation, and asked the Court to require the State to provide a complete and detailed
report on the specific actions that it would be taking to comply with this measure of
reparation.
59.
The Commission reiterated the importance of this obligation, “because access to the
State’s archives is a fundamental tool in the context of investigations into human rights
violations.” In this regard, it considered that the necessary conditions must be established
for those archives to be made available to all public agents involved in the investigations
related to this case. Thus, it asked that the State present information concerning the steps
taken to ensure satisfactory implementation of the Law on Access to Public Information, in
particular: (i) the creation of the Institute for Access to Public Information; (ii) the
assignment of officials and a budget so that it can start functioning, and (iii) the work of the
access to public information units. In addition, the Commission considered that the State
must provide detailed information on the mechanism used by the National Search
Commission to access the State archives in cases of human rights violations.
60.
The Court recalls that, in this case, it was proved: that the authorities of the Armed
Forces and of the Ministry of Defense systematically refused to provide the Public
Prosecution Service with information and with access to military archives and files; that this
pattern continued from the time of the initial steps taken in the domestic investigations in
1997 and up until the final steps taken in 2010, and that this constituted one of the
constraints to making progress in the investigations.20 The purpose of this guarantee of
non-repetition is to eliminate the legal and factual obstacles and mechanisms that prevent
the authorities responsible for conducting the investigations from having access to
information that would be useful for their investigations, as well as preventing Salvador
society in general from having access to this information.
61.
In this regard, it is also pertinent to recall that the State had advised that that the
Law on Access to Public Information was in force prior to the delivery of the Judgment in
this case, and this information was assessed when ordering this measure of reparation.21
Now, in the context of monitoring compliance with the Judgment and as relevant in the
20
Cf. Case of Contreras et al. v. El Salvador. Merits, reparations and costs. Judgment of August 31, 2011.
Series C No. 232, paras. 169 and 212.
21
Cf. Case of Contreras et al. v. El Salvador. Merits, reparations and costs. Judgment of August 31, 2011.
Series C No. 232, para. 211.
19