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(b) Payment of the amounts established for reimbursement of costs and
expenses (fourteenth operative paragraph of the judgment of March 1,
2005). The State paid the amount corresponding to CEJIL, while the payment
to the Asociación Pro-Búsqueda was pending. In this regard, the Court has
noted that the representatives indicated (supra Having seen paragraph 7)
that “[t]he State has advised that it is willing to pay the costs in favor of ProBúsqueda; this has not been accomplished for administrative reasons within
the Association.”
12.
That the Court considers it essential that the State submit current
information on the following points that are pending compliance:
(a) Obligation to carry out an effective investigation into the reported facts in this
case, identify and punish those responsible and conduct a genuine search for
the victims, and eliminate all the obstacles and mechanisms de facto and de
jure that prevent compliance with these obligations in the instant case, so
that it uses all possible measures, either through the criminal proceedings or
by adopting other appropriate measures, and to publicize the result of the
criminal proceedings (sixth operative paragraph of the judgment of March 1,
2005). The State reported that “the competent authorities responsible for
investigating crimes, and prosecuting them […] are playing an active role in
specific procedures designed to clarify the facts so as to conclude the judicial
proceedings [….] At the request of the Prosecutor’s Office, the respective
court has sent an official communication to the Ministry of Defense requesting
information on those responsible for the military operations in the zone and
those who took part in them.” The Commission and the representatives
observed that the State had not provided specific information in this regard
and concluded that there was an evident failure to comply with the measure
by the judicial authorities and prosecutors responsible for the investigations.
The representatives also advised on actions taken in the criminal proceedings
before the Chalatenango Trial Court;
(b) “Establishment of a national commission to trace young people who
disappeared during the internal armed conflict when they were children, with
the participation of civil society” (seventh operative paragraph of the
judgment of March 1, 2005);
i)
In the judgment, the Court indicated that it had taken into account that
Executive Decree No. 45 had been issued on October 5, 2004, creating
the “Inter-institutional Commission to trace children who disappeared as
a result of the armed conflict in El Salvador.” However, in the judgment
of March 1, 2005, the Court indicated clearly that the State could
comply with this measure through the said Inter-institutional
Commission, if the latter satisfied the parameters established by the
Court; otherwise, it should create a new commission that did satisfy
those parameters. According to the information provided during the
stage of monitoring compliance with judgment, the State has chosen to
comply with this measure through the said Inter-institutional
Commission;
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