6
16.
In addition, the Court has previously held that the order to prosecute and
punish the perpetrators and uncover all the facts of a case is one of the essential
decisions contained in the judgments of the Court, as it entails emotional redress for
the victims, allows them to emotionally overcome the violations, reestablishes social
relations, helps avoid repetition of similar violations and eliminate the power that
perpetrators might have, and entails the administration of justice through the
imposition of the appropriate consequences under the law, punishing those who
deserve to be punished and providing reparation to those who are entitled to it.8
17.
When judgment is passed after the international proceedings come to a close, it
is necessary for the State to avoid the recurrence of the acts that led to the legal
action. The judgment and the reparations ordered therein should provide a new
framework and a new vision in order to overcome in an effective and timely manner
the problems identified. In this regard, it is essential that all government bodies and
agencies cooperate with each other, both by providing information and by taking such
steps as may be within their purview under domestic law in order to comply with such
reparations.9
18.
The Court notes that said obligation had to be complied with within a
reasonable time. Based on the information provided so far, even though five years
have elapsed since the entry of the Judgment and almost seventeen years since the
beginning of the court investigation, the State’s blatant and persistent inaction has
been the order of the day, and even the State has admitted the lack of progress in said
proceedings. In this connection, the Court notes that the procedural steps reported by
El Salvador (supra Considering clause No. 12), such as the testimony of the former
Chief of Staff of the Armed Forces and the former Vice Minister of Defense, were
already informed to this Tribunal in October 2008,10 and to date, no evidence has been
provided to suggest that they have resulted in some progress in the investigation. On
the other hand, the Court appreciates the State’s commitment to expedite the
response of the Ministry of National Defense to the request made by the President of El
Salvador to provide the names of the officers that participated in “Operation CleanUp”. Still, the Court notes that the request for information about the officers in the
units that participated in said operation had already been made and reported to this
Court in 2006;11 however, to date, that information has not been obtained. Further,
the Court points out that these steps have been taken on motion of the aggrieved
party, and not on the initiative of the authorities in charge of the investigation.
19.
In view of the foregoing, the Court finds that it is essential for the State to
adopt specific measures to promptly and fully comply with its obligation to investigate
into the facts of the case, identify and punish those responsible and conduct a genuine
search for the victims. The State must also ensure that the courts fulfill their duty and
effectively seek to establish the truth and determine the ensuing legal consequences,
without depending on the representatives to move the proceedings along. Moreover,
8
Cf. Case of Molina-Theissen v. Guatemala. Monitoring Compliance with Judgment. Order of the
Inter-American Court of Human Rights of November 16, 2009, Considering clause No. 20.
9
Cf. Case of Molina-Theissen, supra note 8, Considering clause No. 24.
10
Cf. State’s Report of October 10, 2008 (record of compliance monitoring proceedings, Volume III,
page 1099).
11
Cf. Case of the Serrano-Cruz Sisters, supra note 6, Having Seen clauses No. 5(j) and 6(j) and
Considering clause No. 12(a).