9
made in the search for the young people who disappeared during the internal armed
conflict, especially in the search for Ernestina and Erlinda Serrano-Cruz, and d)
progress made by the Inter-Institutional Commission for the Search for Disappeared
Children, particularly regarding the steps taken and the results obtained in relation to
the facts of this case, and whether the new commission would work with the
information already obtained by the Inter-Institutional Commission.
*
*
*
27.
With regard to the creation of a genetic information system in order to obtain
and store genetic data that can help establish the identity and relationship of the
disappeared children and their next of kin (seventh operative paragraph of the
Judgment), the State reported that “there is a record available from previous efforts
made before the Supreme Court of Justice of El Salvador, and also the Universidad
Nacional Autónoma de México can provide assistance with the creation of the genetic
information system; however, no satisfactory results have been achieved so far.” El
Salvador also expressed its “commitment to make every effort in view of the
international cooperation to facilitate the creation of this information system in the
country.” Moreover, it recognized the valuable input from the Asociación ProBúsqueda, which in addition to offering and sharing its experience in the field,
contacted the Minister of Foreign Affairs on December 16, 2009 and January 22, 2010,
to propose working together to facilitate a process that would lead to the
implementation of a genetic information system.
28.
The representatives appreciated the commitment made by the State to use its
best efforts; however, they pointed out the lack of progress in relation to this measure.
29.
The Commission considered that the information provided was no different from
the one previously submitted and, even though it valued all efforts made by the State,
it pointed out that compliance with said measure of reparation “should not depend on
international support or cooperation.”
30.
The Court points out that the Judgment rendered in the instant case specified
that the genetic information system should be created within a reasonable time.
Although the State expressed its commitment to make every effort to implement such
information system, the Court notes that it has not been created yet and no specific
actions have been taken towards its implementation. The Court also notes that, in the
past, the State provided information regarding several measures designed to obtain
cooperation from national and foreign organizations in connection with this issue,14
which have not been successful, and therefore, after five years this measure of
reparation remains unfulfilled.
31.
The Court once again stresses the importance of complying with this measure
for the identification of disappeared persons and the determination of their filiation, as
well as for promoting networking between those who are looking for disappeared
persons. Therefore, the Court finds that the State must comply with this measure of
reparation as soon as possible in order to help discover the truth and identify Ernestina
14
Cf. Case of the Serrano-Cruz Sisters, supra note 6, Having Seen clauses No. 4(c) and Considering
clause No. 12(c).