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(g) Regarding the State’s obligation to organize a public act acknowledging its
responsibility for the violations declared in [the] judgment and in reparation
to the victims and their next of kin, “the act that took place did not
correspond to the purpose of the reparation […. E]ven though a brief mention
was made of the Serrano Cruz case and the next of kin were informed that
the act ordered by the Court would take place, this act stressed the case of
the person who was reunited with her next of kin, and she even participated
in the act giving her testimony, an opportunity that was not even offered to
those to whom the act of reparation was supposedly addressed.” It “did not
consider that the act held to publicize that matter was a measure that
complied with the State’s obligation to acknowledge its responsibility and the
facts established in the judgment, […] and to make reparation to the victims
and their next of kin”;
(h) Regarding the obligation to pay the compensation for pecuniary and nonpecuniary damage, and the amounts established for reimbursement of costs
and expenses, it “hopes that the obstacles to making the payments can be
overcome and that the State will coordinate with the victims and their
representatives the best way to execute them without further delay, bearing
in mind that the amounts have already been allocated and deposited”; and
(i) Regarding the 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 to publicize the result of the criminal
proceedings, it “observes that the State has failed to provide specific
information on the measures tending to comply with this reparation
effectively [….] It is important that the investigations conducted in this case
are aimed at seeking the truth and do not once again constitute mere
formalities destined to fail.” Moreover, regarding the stipulation made by the
Court in paragraph 173 of the judgment to the effect that “the public officials
who hinder, deviate or unduly delay investigations to clarify the truth about
the facts must be punished, applying the provisions of domestic law in this
respect with the greatest rigor,” it observed “with great concern” the
information presented by the representatives regarding the appointment of
the aforementioned prosecutor to the Human Rights Unit of the Salvadoran
Ministry of Foreign Affairs.
7.
The brief of July 10, 2006, in which the representatives “provided additional
information to the State’s report of April 5, 2006.” In summary, they indicated that:
(a) Regarding the obligation to pay the compensation for pecuniary and nonpecuniary damage, “on May 22, 2006, the State of El Salvador paid the
compensation for pecuniary and non-pecuniary damage in favor of the
victims, next of kin of Ernestina and Erlinda Serrano Cruz.” “The State has
advised that it is willing to pay the costs to Pro-Búsqueda; this has not been
accomplished for administrative reasons within the Association”;
(b) Regarding the publication, at least once, in the official gazette and in another
national newspaper of Chapters I, III and VI, as well as the operative
paragraphs of the judgment, “given the characteristics of the publication
made by the State of El Salvador, this aspect was not complied with: because
the publication included some chapters of the preliminary objections and the
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