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(j) Regarding the obligation to carry out an effective investigation into the
reported facts in this case, identify and punish those responsible and conduct
a genuine search for the victims, and to publicize the result of the criminal
proceedings, “the competent authorities responsible for investigating crimes
and prosecuting them […] are playing an active role in specific procedures
designed to clarify the facts so as to conclude the judicial proceedings.” At
the request of the Prosecutor’s Office, the respective court has sent an official
communication to the Ministry of Defense requesting information on those
responsible for the military operations in the zone and those who took part in
them.
5.
The brief of May 17, 2006, and its attachments, in which the Asociación ProBúsqueda and the Center for Justice and International Law (CEJIL), representatives
of the victims and their next of kin (hereinafter “the representatives”), submitted
observations on the State’s report of April 5, 2006 (supra Having seen paragraph 4).
To summarize, in this brief they stated that:
(a) Regarding the functioning of a national commission to trace the young people
who disappeared during the armed conflict when they were children, and the
participation of civil society:
i)
Pro-Búsqueda “knew about the draft regulations [of the InterInstitutional Tracing Commission] and forwarded observations on them
in June and August 2005, but it was never informed about the final
version of the regulations approved in February 2006.” The State has
not modified or proposed any reform of Decree No. 45 creating this
Inter-institutional Commission, so that its purpose continues to be “to
collaborate with the public institutions involved in or responsible for the
protection of children in tracing children who were involuntarily
separated from their families and to facilitate family reunification, based
above all on the best interests of the child”;
ii)
Regarding access to all files and records that could contain information
on the possible whereabouts of the young people, “there is no
guarantee of any kind that it would have access to all the information
needed for its investigations,” so that “on repeated occasions, [they
have] advised the Minister of Foreign Affairs, who is responsible for
coordinating this Commission, that the Commission needs to be given
high legal standing to guarantee its stability and permanence, and have
suggested the possibility of including a provision that makes it
compulsory for all State entities to collaborate with the Commission”;
iii) Regarding the Commission’s composition, “the State makes no
reference to the measures adopted” to guarantee the independence and
impartiality of the members. “[T]hose who form part of the Commission
[…] are officials of the institutions that […], in some cases, participated
in the disappearance of children, such as the Armed Forces.” In
addition, “neither Pro-Búsqueda, nor any other non-governmental
organization is a member of the Inter-Institutional Tracing
Commission.” The Asociación Pro-Búsqueda decided to withdraw from
the Inter-institutional Commission owing to “the excessive delay in
starting up operational activities, the lack of concrete results[…,] the
State’s political manipulation of Pro-Búsqueda’s participation in the
Commission, and also the failure to modify or adapt the Commission to
the parameters defined by the Court”;
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