-10that the Prosecutor’s Office asked the court to conduct. However, there is no
information on whether this procedure was implemented.” “On February 24,
2006, the victims, by means of a private prosecution, incorporated into the
criminal proceedings information from newspaper articles showing that the
operation in which the Serrano Cruz sisters disappeared was conducted in
June 1982”; they also asked that certain information should be requested and
that several individuals should be summoned to testify. The Chalatenango
Trial Court admitted the request and sent an official communication to the
Joint Chief of Staff of the Armed Forces and to the Ministry of Defense. “On
March 28, 2006, the Ministry of Defense forwarded to the court […] the
names of the Minister of Defense and the Joint Chief of Staff in 1982, as well
as the names of the Head of the Air Force and of the Atlacatl Battalion […].
The court ordered that another communication should be sent to the Ministry
[…] requesting the names of ‘the commanders who were in charge or in
command of the Fourth Infantry Brigade and the Belloso Battalion.’” The
Ministry forwarded the information requested with regard to the
commanders. “However, the court did not insist in requiring information on
the officers who were members of the armed units that took part in the
operation in which the Serrano sisters disappeared. On May 9, 2006, the
[said criminal] court ordered the Prosecutor General’s Office to make
inquiries about the addresses of the military leaders, within one month, so
that they could be summoned to testify. [… T]he criminal proceedings are
waiting for the Prosecutor General’s Office to provide the information
requested by the court.” Regarding the adjustment of the definition of the
crime of forced disappearance, the State has not adopted any measure in this
respect. The State has not instituted any measure to investigate, identify and
punish all the officials who unduly hindered, deviated or delayed the
investigations. In this regard, “instead of promoting an inquiry into the
prosecutor in charge of the investigations who devoted himself to trying to
prove the inexistence of the victims so as to strengthen the State’s defense in
the international proceedings, the said prosecutor has been incorporated into
the Human Rights Unit of the Ministry of Foreign Affairs, the entity that has
assumed the execution of the measures of reparation” ordered by the Court.
6.
The brief of June 9, 2006, in which the Inter-American Commission on
Human Rights (hereinafter “the Inter-American Commission”) submitted
observations on the State’s report of April 5, 2006 (supra Having seen paragraph 4).
In summary, in this brief it indicated that:
(a) Regarding the functioning of a national commission to trace the young people
who disappeared during the armed conflict when they were children, and
participation of civil society, “the State’s report did not provide detailed
information on: the initiatives and actions undertaken by the national Tracing
Commission to find the Serrano Cruz sisters; […] the mechanisms that allow
the national Tracing Commission to require State institutions and authorities
to give it access to and provide it with relevant information; information on
the independence and impartiality of the national Tracing Commission […]
and on the initiatives adopted to obtain truly and in good faith the greatest
collaboration from institutions related to the issue of disappeared children.”
Civil society’s participation in the functioning of this Commission is
particularly important. “A new commission, capable of complying [with the
parameters established by the Court] should be created immediately”;
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