-18ii)
El Salvador has not provided all the information needed to assess
whether the Inter-institutional Commission satisfies all the parameters
for its operation established by the Court in the judgment. Both the
representatives and the Inter-American Commission have stated that
this Inter-institutional Commission does not satisfy these parameters.
Therefore, the Court considers that the State must provide detailed
information on compliance with the parameters established in
paragraphs 185 to 188 of the judgment;
iii)
Regarding the case of the Serrano Cruz sisters, based on the
observations of the Commission and the representatives, the Court has
verified that the State’s report does not refer to any specific measure
adopted by the Tracing Commission in order to discover their
whereabouts. The State has advised that “regarding the work of this
Commission, at the beginning of March, it resolved the first case of a
person who was found”;
iv)
Even though the State indicated that the Inter-Institutional Tracing
Commission had been able to access the files and information it had
requested from State organs and authorities (supra Having seen
paragraph 4.v), it should be recalled that the State must adopt the
necessary measures to “ensure that all the State institutions and
authorities are obliged to cooperate by providing information to the
national Tracing Commission as well as access to all files and records
that could contain information on the possible whereabouts of the young
people in question.” To be able to assess compliance with this
reparation, the Court considers that El Salvador must advise which
measure it has adopted ensures that this information will be provided;
v)
Regarding the State’s obligation to assign “the necessary human,
financial, logistic, scientific and other resources [for the Tracing
Commission] to be able to investigate and discover the whereabouts of
young people who disappeared during the armed conflict when they
were children,” El Salvador indicated that it had begun to take measures
to this end (supra Having seen paragraph 4). The Court finds that the
State must report on the result of these measures, and also on the
measures adopted to “guarantee the independence and impartiality of
the members of the national Tracing Commission,” an aspect to which it
makes no reference in its report; and
vi)
An essential aspect of the functioning of the Tracing Commission is that
it should include State institutions that have shown interest in resolving
this problem and others based on their functions, and also that civil
society should participate in the Commission through non-governmental
organizations dedicated to this search or specialized in working with
young disappeared persons, such as the Asociación Pro-Búsqueda.
Consequently, the Court finds that the State must report on the
measures adopted to comply with this aspect;
(c) Creation of a genetic information system that allows genetic data that can
contribute to determining and clarifying the identification and the relationship
of the disappeared children and their next of kin to be obtained and
conserved (seventh operative paragraph of the judgment of March 1, 2005).
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