-86[…] suitable personnel”;
iii)
“It should send instructions to its consulates in the United
State, Canada and Europe, so that they join the campaign to trace the
young people and facilitate contact with the national tracing
commission proposed above.” The State should also “create a web
page with relevant information on the cases that have not yet been
resolved.” Furthermore, the State should “distribute a bi-monthly
written publication to those departments where the disappearance of
children has been documented with the information contained on the
web page”;
iv)
It should set up “a special fund for reparations to the young
people who are found and their families.” “Although these measures
go beyond the instant case,” they would truly illustrate “[the]
willingness of the State to make reparation to the victims of the war”;
and
v)
It should adopt “a State program to provide free psychological
care to those who are found, to their families and to the families that
have not yet found a loved one, who was under 18 years old at the
time they disappeared”; and
d)
With regard to the “measures to avoid reoccurrence of the reported
facts”;
i)
It should distribute “a documentary in which the population is
informed of the modus operandi of the Armed Forces in the abduction
and illegal adoption of children during the conflict […]”; and
ii)
The Legislative Assembly of El Salvador should designate “a day
dedicated to the disappeared children”;
e)
With regard to “other measures”;
i)
“It should provide a human rights training program to the
Armed Forces […]”;
ii)
“It should modify [the] Penal Code to harmonize it with the
parameters established by the bodies that protect the inter-American
system and those embodied in the special inter-American instruments,
[…] in order to classify the crime of forced disappearance of persons
adequately”; and
iii)
It should take the necessary measures to repeal Legislative
Decree 486 of March 20, 1993, in order to guarantee the right to the
truth and the right to a fair trial with due guarantees.
Arguments of the State
164.
The State argues as follows:
a)
“The investigation […] continues in the Chalatenango First Trial Court,
[… and] it will do everything necessary to establish what happened to the said
children using all legal means”;
b)
With regard to adopting the measures necessary to ratify the InterAmerican on the Forced Disappearance of Persons and classify forced
disappearance as a crime, “[t]he Penal Code of El Salvador [in force since]
April 28, 1998, already contemplates forced disappearance as one of the
elements of the crime of aggravated homicide; it has also classified as a