-16events that affected our children,” and also expressed the “hope that
situations such as those that occurred at that time and that affected
Salvadoran society would never happen again.”
10.
That, in the ninth operative paragraph of the judgment of March 1, 2005, the
Court ordered the State to “publish, at least once, in the official gazette and in
another national newspaper, Chapter 1, entitled “Introduction of the case,” Chapter
III, entitled “Jurisdiction,” and Chapter VI, entitled “Proven facts,” as well as the
operative paragraphs of the judgment” on merits, reparations and costs. The State
has published these parts of the judgment and it has done so in both the official
gazette and in another national newspaper. Nevertheless, when making this
publication, in addition to the parts ordered, El Salvador included some chapters of
the judgment on preliminary objections and the dissenting opinions of the judge ad
hoc to the judgments on preliminary objections, and on merits, reparations and
costs, and this was not included in the reparation ordered by the Court. The Court
considers it necessary to indicate that when it establishes, as a measure of
reparation, the obligation to publish some parts of the judgment, the Court selects
the pertinent parts of the judgment that should be published in each specific case in
order to ensure the optimum achievement of the purpose of the measure of
reparation; consequently, it would have been preferable if El Salvador had only
published what the Court ordered. The Court considers that, since the State made a
publication that included, inter alia, the opinions of the judge ad hoc and, without
justification and inequitably, did not publish the opinions prepared by the Court’s
own judges, the State did not comply satisfactorily with the terms of the judgment.
Therefore, in these circumstances, the Court considers that, to comply with this
measure, El Salvador must publish again the parts of the said judgment on merits,
reparations and costs ordered by the Court, and include all the opinions that the
judges attached to the judgment.
11.
That the Court has verified that El Salvador has complied partially with:
(a) Creation of a web page to trace those who disappeared (seventh operative
paragraph of the judgment of March 1, 2005). The page has been created
and includes contact addresses and telephone numbers of the InterInstitutional Tracing Commission, and of State institutions such as the
Attorney General’s Office, the Ombudsman’s Office, the National Civil Police,
the Ministry of Foreign Affairs, the Ministry of Governance, the Ministry of
Defense, the Chalatenango Trial Court, and the Salvadoran Institute for the
Integral Development of Children and Adolescents. It also includes links to
other web pages of institutions or civil associations and international
organizations dedicated to tracing disappeared children and youths, such as
Pro-Búsqueda, Abuelas de Plaza de Mayo, Red Latinoamericana de
Desaparecidos and Federación Latinoamericana de Asociaciones de Familiares
de Detenidos-Desaparecidos, as well as links to other international
organizations and the addresses and telephone numbers of embassies and
consulates accredited to El Salvador. With regard to Erlinda and Ernestina
Serrano Cruz, the page contains their physical description at the time of their
disappearance. However, regarding this measure, in the judgment the Court
ordered that the page should contain all “existing information about the
Serrano Cruz sisters and their next of kin.” Accordingly, the Court considers
that all available information should be added, such as the possible place,
date and circumstances of the disappearance of the Serrano Cruz sisters, as
well as information on their next of kin; and
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