12
State’s report makes no reference to any specific measure taken by the
Tracing Commission to determine their whereabouts;
iii)
In paragraph 186 of the Judgment, the Court ordered the State “to
ensure that all its institutions and authorities are obliged to cooperate by
providing information to the national tracing commission and by providing
access to all files and records that could contain information on the possible
fate of these young people.” In this regard, the State reported on the
measures taken to ensure that this information was supplied, but only
referred to the institutions that form part of the Tracing Commission;
iv)
The State has not complied with ensuring the “independence and
impartiality of the members of the national tracing commission,” as stipulated
by the Court in paragraph 187 of the Judgment. Consequently, the State
must provide information on the measures adopted to comply with this item;
and
v)
One of the essential characteristics of the operation of the Tracing
Commission is that its members should include the State institutions that
have showed an interest in resolving this problem, together with others
based on their functions. Civil society should also be invited to participate
through non-governmental organizations that work in tracing young people
who have disappeared or that specialize in working with young people who
were disappeared, such as the Asociación Pro-Búsqueda. Accordingly, the
Court considers that the State must report on the measures adopted to
address this issue, without limiting itself to reporting solely about the
participation of the Asociación Pro Búsqueda.
(c)
The creation of a genetic information database 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). Although the
State has taken some measures to comply with this measure (supra Having seen
paragraph 5(d)), the Court has determined that it has not yet created this
information database. The Court considers it essential that the State report on the
specific measures adopted to comply with this reparation;
(d)
The provision free of charge, through its specialized health institutions, of the
medical and psychological treatment required by the next of kin of the victims,
including the medicines they require, taking into consideration the health problems
of each one, following an individual evaluation, and inform the next of kin of
Ernestina and Erlinda Serrano Cruz in which health centers or specialized institutes
they will receive the said medical of psychological care, and provide them with the
treatment. If Ernestina and Erlinda Serrano Cruz are found alive, the State shall also
provide them with the said medical and psychological treatment:
i)
The Court appreciates the different measures taken by the State to
comply with its obligation to provide the medical treatment required by the
next of kin of Erlinda and Ernestina Serrano Cruz, including the specific
treatment, surgery and medicine they have needed according to their
individual ailments; the transportation and food provided when they have
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