A/HRC/45/45/Add.2 B. Collection of testimonies and forensic investigation 22. Some victims and victims’ families have given testimony in the context of complaints that have been brought. However, there does not appear to be a systematized mechanism for the collection of testimonies from victims, not only for the purposes of criminal investigation and prosecution, but also to preserve the historical memory of the events and to aid in the search for disappeared persons. The lack of a national genetic databank and of a certified forensic anthropology and genetics team makes search and criminal investigation work more difficult. 23. It is important that the national authorities take on these tasks. In addition, States and agencies providing international cooperation can play an important role by providing technical collaboration and training in building these highly complex capacities, including with regard to forensic training and equipment and to the collection and systematization of testimonies. 24. During the visit, the Special Rapporteur was informed that the Legislative Assembly was working on a bill for the creation of a register of genetic information and other identifying data, and on a bill to convert the Institute of Legal Medicine into an institute of forensic science, with provision for training of its members and certification of its services. The bills were submitted in September 2015 and June 2018 respectively. 6 In September 2019, civil society organizations presented a preliminary bill for the creation of a national genetic databank. The Special Rapporteur notes the importance of making rapid progress in the adoption of legislation on these issues, while ensuring prior and effective consultation with victims and civil society organizations.7 C. Archives 25. One clear obstacle in the search for truth is the impossibility of accessing the military archives from the period of the armed conflict. Despite requests from the Attorney General’s Office, the court handling the El Mozote case and the Constitutional Division of the Supreme Court (in its 2018 follow-up order concerning the ruling on the unconstitutionality of the Amnesty Act), the Ministry of Defence has refused to hand over the files, arguing that the archives do not exist or have been destroyed. Such arguments are unacceptable given the laws of the time requiring documentation of military actions conducted during the war 8 and the testimony from high-ranking military personnel in ongoing legal proceedings who affirm the contrary. In the face of this refusal, the Attorney General’s Office and the courts concerned did not pursue other types of action to gain access to the archives, despite their broad investigatory powers. 9 26. The Public Information Institute instructed the Ministry of Defence to reconstruct and hand over the information; the Ministry has not yet complied and has sought an injunction from the Administrative Litigation Division of the Supreme Court. On 31 May 2019, outgoing President Sánchez Cerén approved by presidential decree the creation of the Military Archives Review Commission.10 In its explanatory memorandum, the decree refers to the recommendations of the Inter-American Court of Human Rights, the Constitutional Division of the Supreme Court and the Special Rapporteur’s end-of-visit statement.11 The Commission is to be composed of a representative appointed by the President, another 6 7 8 9 10 11 6 www.observatoriolegislativo.org.sv/images/ARENA_ADN.pdf and www.asamblea.gob.sv/sites/default/files/documents/correspondencia/F45B9766-73A1-481B-B320001262B80DF7.pdf. www.probusqueda.org.sv/pro-busqueda-presento-una-propuesta-de-ley-del-banco-nacional-de-datosgeneticos-bndg/. The Organic Act on the Ministry of Defence, of 1961, establishes that: “In times of war, the organization, jurisdiction and missions of the operational units shall be established in written orders and directives prepared by the General High Command of the Armed Forces” (art. 44). www.pddh.gob.sv/civiles/wp-content/uploads/2019/04/InformeSeguimiento-a-situaci%C3%B3n-dev%C3%ADctims-de-graves-violaciones-a-derechoshumanos234-1.pdf. www.jurisprudencia.gob.sv/DocumentosBoveda/D/2/2010-2019/2019/05/D516C.PDF. www.ohchr.org/SP/NewsEvents/Pages/DisplayNews.aspx?NewsID=24557&LangID=E. GE.20-09158