2
f) to publish, at least once, the parts of the Judgment on the merits, reparations and costs
rendered by the Court in the Official Gazette (ninth operative paragraph and paragraph 195 of
the Judgment […] and tenth Considering clause of the Order on Compliance with Judgment of
September 22, 2006).
3.
The briefs of October 26 and November 1, 2007 and October 10, 2008 and their
respective appendixes, in which the Republic of El Salvador (hereinafter “the State” or
“El Salvador”) reported on the status of compliance with the reparations ordered in the
Judgment.
4.
The briefs of December 5, 2007 and June 23 and November 14, 2008 and their
respective appendixes, containing the observations of the representatives of the
victims (hereinafter “the representatives”) on the information provided by the State.
5.
The briefs of January 10, 2008 and January 19, 2009, in which the InterAmerican Commission on Human Rights (hereinafter “the Inter-American Commission”
or “the Commission”) included its observations on the State’s reports and on the
observations made by the representatives.
6.
The Order of the then President of the Inter-American Court of December 8,
2009, whereby, in consultation with all other judges of this Court, the parties were
called to a private hearing regarding compliance with the Judgment.
7.
The arguments and information presented by the parties at the private hearing
regarding compliance with the Judgment held on January 28, 2010 during the 86th
Regular Period of Sessions of the Court in the city of San José, Costa Rica.1
CONSIDERING:
1.
That monitoring compliance with its decisions is a power inherent in the judicial
functions of the Court.
2.
That El Salvador has been a State Party to the American Convention since June
23, 1978 and that it accepted the jurisdiction of the Court on June 6, 1995.
3.
That, pursuant to Article 68(1) of the American Convention, “[t]he States
Parties to the Convention undertake to comply with the judgment of the Court in any
1
In accordance with Article 6(2) of the Rules of Procedure, the hearing was held before a commission
of Judges composed of: Judge Manuel E. Ventura-Robles, Judge Margarette May Macaulay, Judge Rhadys
Abreu-Blondet, Judge Alberto Pérez-Pérez and Judge Eduardo Vio-Grossi. The following persons appeared at
the hearing: a) on behalf of the Inter-American Commission on Human Rights: Lilly Ching and Silvia
Serrano; b) on behalf of the State: David Ernesto Morales-Cruz, General Director of Human Rights at the
Ministry of Foreign Affairs, and Tania Camila Rosa, Deputy Director of Human Rights at the Ministry of
Foreign Affairs, and c) on behalf of the victims and their next of kin: Suyapa Serrano, victim; Leonor
Arteaga, representative of the Asociación Pro-Búsqueda de Niñas y Niños Desaparecidos (Association for the
Search for Disappeared Children), and Viviana Krsticevic, Alejandra Nuño, Gisela De León, Marcela Martino
and Marcia Aguiluz, representatives of the Center for Justice and International Law (CEJIL). At said hearing,
the State submitted copies of the following documents: Speech of the President of the Republic of El
Salvador, Carlos Mauricio Funes Cartagena, within the framework of the 18th Anniversary of the signing of
the Peace Accords; Inter-Institutional Cooperation Agreement between the Ministry of Foreign Affairs, the
Universidad Centroamericana José Simeón Cañas, and the Asociación Pro-Búsqueda de Niñas y Niños
Desaparecidos (Association for the Search for Disappeared Children), and draft decree to create the National
Commission for the Search for Children who Disappeared during the Internal Armed Conflict.