7
ordered by the Court.” “Nevertheless, the State has not made the payment for the
interest accrued on the compensation paid to the Serrano Cruz family, and the
procedural costs and expenses paid to the Asociación Pro-Búsqueda, while these
payments were deposited in banking institutions.”
7.
The brief of March 13, 2007, in which the Inter-American Commission on Human
Rights (hereinafter, “the Inter-American Commission”) submitted its observations on the
State’s report of January 24, 2007 (supra Having seen paragraph 5). In brief, the
Commission indicated that:
(a)
Regarding the duty to investigate and undertake a genuine search for the
victims, the State must undertake all necessary measures to carry out diligent
investigations within a reasonable time. It “is very concerned about the lack of
genuine proceedings and concrete results”;
(b)
Regarding the establishment of a national tracing commission, it “appreciates
the measures taken to trace the young people who disappeared during the armed
conflict when they were children; however, […] the State is obligated to ensure that
the tracing committee complies with the parameters established by the Court, and
to report to the Court in this regard.” There is a “lack of detailed information
regarding: the initiatives and actions undertaken by the national tracing commission
to find the Serrano Cruz sisters […]; the lack of documentation on the evaluation of
shortcomings in the initiative called the ‘Prosecutor’s Panel’ (mesa del Procurador)
[…]; the mechanisms that would permit the national tracing commission to demand
access to and the supply of relevant information from State institutions and
authorities […]; information on the independence and impartiality of the tracing
commission […]; information on the participation of civil society on an equal footing
with the other members of the tracing commission – and on the initiatives adopted
in order to effectively and in good faith obtain the greatest collaboration possible
from institutions involved in the issue of disappeared children”;
(c)
Regarding the creation of a web page to trace those who disappeared, it “has
verified the inclusion of the information referred to by the State and acknowledges
its importance; nevertheless, it considers it essential that the information included
on the web page should be as complete and clear as possible, in order to achieve
the objective of determining the whereabouts of the Serrano Cruz sisters.” It is
“extremely important that the State make an effort to contact the sisters’ next of
kin, or the latter’s representatives, in order to coordinate the inclusion of the
information they consider useful, relevant, and effective for tracing Ernestina and
Erlinda.” It is important that “the State report on the efforts made to complete the
internal coordination and linkages that […] will make this page effective in practice.”
It “concurs with the representatives that it is essential that this web page to trace
those who disappeared be widely publicized and easy to access”;
(d)
Regarding the creation of a genetic information database, it notes with
“concern the very preliminary measures taken by the State”;
(e)
Regarding the publication of the corresponding parts of the Judgment, it
confirms “the publication made in ‘La Prensa Gráfica’”;
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