5
in their journeys from their place of residence in Chalatenango to the various
centers where they have their medical appointments. Likewise, it has
provided the medicines and/or the equipment recommended by the doctors
who have attended them. At every “appointment scheduled for the Serrano
Cruz family, a representative of the Ministry of Foreign Affairs is present to
ensure that no problems arise during their appointments,” and “in those
cases in which a problem has arisen, the representative of the Ministry of
Foreign Affairs has resolved it (by obtaining doctors appointments,
administrative assistance, and medicine)”;
ii)
“The State has institutions that provide psychological and psychiatric
care with duly qualified personnel; however, given the insistence of the
representatives of the Serrano Cruz family that this care be provided by a
private institution, that is, the Department of Psychology of the Universidad
Centroamericana José Simeón Cañas, and given that the State finds that the
specialized care they need can be provided by a private specialist, it has
decided to hire the professional services of a psychologist with the
professional capacity to provide the treatment needed by the Serrano Cruz
family”; and
(h)
Regarding the reimbursement of costs and expenses to the Asociación ProBúsqueda, the State had expressed its willingness to make this payment as of late
March 2006. Nevertheless, it was unable to make the payment until September 27,
2006, “owing to administrative reasons within the Asociación Pro-Búsqueda,” since it
had not presented “the appropriate credential establishing the identity of the
Association’s legal representative”;
6.
The brief of February 27, 2007, and its appendixes, in which the representatives
submitted observations on the State’s report of January 24, 2007 (supra Having seen
paragraph 5). In summary, they indicated that:
(a)
Regarding the obligation to investigate and to undertake a genuine search for
the victims, none of the investigative measures taken by the First Trial Court of
Chalatenango has been taken at the initiative of that court or of the Office of the
Prosecutor General (Fiscalía General) of the Republic. They also indicated that
important investigative measures were never taken. The State “has not promoted
the appropriate classification of the crime of forced disappearance, nor has it taken
the necessary measures to ratify the Inter-American Convention on Forced
Disappearance of Persons”;
(b)
Regarding the establishment of a national tracing commission:
i)
The representatives recognized the positive results obtained by the
Inter-institutional Tracing Commission. However, the State has again failed to
report on whether this Commission complies with each of the parameters for
its operations that the Court established in the Judgment, as required by the
Court in its Order of September 22, 2006;
ii)
The Inter-institutional Tracing Commission “operates without any
modification or adjustment to the parameters decided by the Court in relation
to its independence, impartiality, capacity to demand information from public
and private institutions, and the active participation of civil society
organizations working in the relevant area”;
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