11
(b)
To publish within six months, at least once in the official gazette and in
another national newspaper, Chapter 1, entitled “Introduction of the case,” Chapter
III, entitled “Jurisdiction” and Chapter VI, entitled “Proven facts,” as well as the
operative paragraphs of the Judgment on merits, reparations, and costs (ninth
operative paragraph of the Judgment of March 1, 2005). The State has complied
with its obligation to make the publication in a national newspaper (supra Having
seen paragraphs 5(e), 6(e) and 7(e)), taking into account the content of the Order
of the Court of September 22, 2006.10 The State’s confirmation regarding the
publication in the official gazette of El Salvador remains pending (supra Having seen
paragraph 5(e)).
11.
That the Court considers it essential that the State submit updated information on
the following matters pending compliance:
(a)
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 eliminate all the obstacles and mechanisms de facto and de jure,
which 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 shall publicize the result of the criminal proceedings
(sixth operative paragraph of the Judgment of March 1, 2005). The State provided
information on the measures and actions taken in the criminal proceedings before
the First Trial Court of Chalatenango (supra Having seen paragraph 5(a)). However,
in their observations, both the representatives and the Inter-American Commission
agreed that the State had not acted with due diligence (supra Having seen
paragraph 6(a) and 7(a));
(b)
The “establishment of a national commission to trace young people who
disappeared during the armed conflict when they were children, with the
participation of civil society (seventh operative paragraph of the Judgment of March
1, 2005 and paragraphs 184 and 188 of the said):
i)
El Salvador has not provided all the information needed to evaluate
whether the Inter-institutional Commission complies with each parameter for
its functioning established by this Tribunal in the Judgment. Both the
representatives and the Inter-American Commission have stated that this
Inter-institutional Commission does not comply with these parameters (supra
Having seen paragraph 6(b) and 7(b)). Therefore, the Court considers that
the State must provided a detailed report on compliance with the parameters
established in paragraphs 185 to 188 of the Judgment;
ii)
In the case of the Serrano Cruz sisters, based on the observations of
the representatives and the Commission, the Court has verified that the
and non-governmental authorities and institutions mentioned above, and also international links with the web
pages of other States, national institutions or associations, and international organizations engaged in trying to
trace children and young people who have disappeared, in order to promote, participate and collaborate in the
establishment and development of an international search network” (underlining added).
10
Cf. Case of the Serrano Cruz Sisters. Compliance with Judgment. Order of the Inter-American Court of
Human Rights of September 22, 2006, tenth Considering paragraph.
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