66
they have the authority to access pertinent documentation and information to
investigate the facts denounced and to take the measures and make the inquiries
promptly that are essential to elucidate what happened to the disappeared persons in
this case;
d)
Since grave violations of human rights are at issue,284 and considering the
continuing or permanent nature of forced disappearance, the effects of which persist
until the fate or whereabouts of the victims and their identity have been determined
(supra paras. 83 and 92), the State must abstain from resorting to mechanisms such
as amnesty for the perpetrators, or any other similar provision, such as prescription,
non-retroactivity of criminal law, res judicata, ne bis in idem, or any other similar
exclusion of responsibility to avoid this obligation, and
e)
Guarantee that the investigations into the facts that constituted the forced
disappearances in this case remain at all times in the ordinary jurisdiction.
186. Also, in the circumstances of the present case, the Court deems necessary that the
State adopts other measures, such as:
a)
Establish coordination mechanisms between the different State bodies and
institutions with the powers to investigate, and mechanisms to monitor the cases
being processed for the forced disappearance of children during the armed conflict; to
this end, a database on the matter must be set up and kept updated in order to
ensure the most coherent and effective investigations;
b)
Elaborate protocols for procedures in this matter with an interdisciplinary
approach and train the officials involved in the investigation of serious human rights
violations so that they are able to use the available legal, technical and scientific
elements;
c)
Promote pertinent actions of international cooperation with other States in
order to facilitate the collection and exchange of information, as well as and other
necessary legal actions, and
d)
Ensure that the different bodies of the justice system involved in the case
have the human, financial, logistic, scientific and other resources necessary to
perform their tasks adequately, independently and impartially, and adopt the
necessary measures to guarantee that judicial, prosecutorial and investigative
officials and other agents of justice have an adequate security and protection system,
which takes into account the circumstances of the cases for which they are
responsible and the place where they work, and allows them to perform their
functions with due diligence, and to protect witnesses, victims and next of kin.
187. The State must ensure the full access and capacity to act of the victims or their next
of kin at all stages of the investigation and trial of those responsible.285 In addition, the
results of the corresponding proceedings must be made public so that Salvadoran society
284
Cf. Case of Barrios Altos v. Peru. Merits. Judgment of March 14, 2001. Series C No. 75, para. 41; Case of
Gomes Lund et al. (Guerrilha do Araguaia), supra note 97, para. 257, and Case of Gelman, supra note 16, para.
225.
285
Cf. Case of El Caracazo v. Venezuela. Reparations and costs. Judgment of August 29, 2002. Series C No.
95, para. 118; Case of Gelman, supra note 16, para. 256, and Case of Gomes Lund et al. (Guerrilha do Araguaia),
supra note 97, para. 257.
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