A/HRC/45/45/Add.2
resources for the National Commission on the Search for Disappeared Adults and the
National Commission on the Search for Children who Disappeared during the Armed
Conflict. Such a law should provide for a mandate that includes the search for all
persons who disappeared during the armed conflict, whether at the hands of the State
or of former guerrilla groups.
79.
In the event that the mortal remains of victims of enforced disappearance are
found, they should be identified and handed over to the families in a dignified manner.
80.
The Legislative Assembly should adopt a law declaring 30 August as the
“National Day for Victims of Enforced Disappearance”.
81.
The Legislative Assembly should pass a law to establish a national genetic
databank.
82.
The definition of and the punishments associated with the offence of enforced
disappearance contained in the Criminal Code should be revised in accordance with
the recommendations of the Working Group on Enforced or Involuntary
Disappearances. In addition, legal mechanisms should be established to regulate
exhumations carried out as part of investigations into enforced disappearances.
83.
The Legislative Assembly should adopt a law on comprehensive reparation for
victims of serious human rights violations committed during the armed conflict that
meets international standards, including a gender perspective, and following a broad
and transparent consultation process with victims and civil society.
84.
The Attorney General of the Republic should take responsibility for and
implement the criminal investigation policy for crimes against humanity and war
crimes committed in the context of the armed conflict in El Salvador, which was
approved in December 2018.
85.
The Attorney General of the Republic should create a special budget line for
and allocate more human and technical resources to the special unit of prosecutors in
order to enable it to make urgent progress in the criminal investigation of violations
committed during the armed conflict within its domain.
86.
A coordinated criminal investigation strategy should be adopted that ensures
that the information and testimonies gathered are processed (collected, recorded and
shared) in an efficient manner in order to avoid the duplication of efforts and the
revictimization of the persons concerned.
87.
Given the prolonged delay in criminal proceedings during the period when the
Amnesty Act was in force, the investigations that have been reopened or are due to be
reopened following the annulment of the Act should lead to formal accusations and
charges being brought soon for crimes committed in the context of the armed conflict.
88.
Officials of the Office of the Attorney General of the Republic should ensure
that, in the course of their interactions with victims and complainants, it is made clear
that the primary responsibility for carrying out investigations and for collecting the
evidence necessary for criminal investigations and prosecutions lies with prosecutors.
89.
The Attorney General’s Office and the relevant courts should provide
psychosocial assistance to victims, survivors and family members who provide
testimony.
90.
The Attorney General should physically intervene with a court order to obtain
the military archives, with verification by the Office of the Human Rights Advocate
and specialized experts, in order to safeguard the files for use in the criminal
investigation and prosecution of crimes committed during the armed conflict.
91.
All the massacres that occurred in the country should be immediately recorded
and documented, together with the testimonies from the victims of human rights
violations, for use in judicial proceedings and for the preservation of historical
memory.
92.
The judicial branch should provide the financial and human resources needed,
together with relevant security guarantees, to facilitate the effective work of the courts
16
GE.20-09158
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