A/HRC/45/45/Add.2
VIII. Conclusions and recommendations
71.
During his stay in the country, the Special Rapporteur visited the memorial sites for
the massacres at El Mozote, El Calabozo and San Francisco Angulo and spoke with the
victims of these events and many other victims of the armed conflict. Their testimony gives
an account of unimaginable and barbaric acts perpetrated against thousands of children,
adults and older men and women, and of the pain that they continue to feel as intensely as
they did on the first day. The Special Rapporteur also observed the neglect suffered by the
victims over the course of decades, without the psychosocial support needed to address the
trauma they have endured; without receiving – in most cases – comprehensive reparations
that would enable them to remake their lives; without access to basic social services, such
as health care and education, that would have allowed them to build a better future; without
being heard or recognized by the State institutions with which they have engaged; and
without access to the truth about the crimes they suffered, historical memory or justice. The
violations that they have suffered are unacceptable. The abandonment in which they live
now, 30 years later, is also unacceptable. While the Special Rapporteur recognizes the steps
taken in the last decade towards transitional justice, there is much left to do, and it should
be done immediately.
72.
The Special Rapporteur has noted the Government’s commitment and its good, but
limited, intentions in terms of advancing the process of transitional justice in the areas of
truth, reparations and guarantees of non-recurrence. He hopes that this commitment will be
equally strong when it comes to laying the foundations for ensuring justice for victims. The
Special Rapporteur recalls once again that exemptions from liability, statutes of limitations
and mechanisms that eliminate the effect of criminal sanctions are incompatible with
serious human rights violations. In addition to being contrary to international law, impunity
for such crimes may contribute to their repetition and to the creation of vicious circles of
violence, as is currently happening in the country.
73.
Comprehensive reparation for all victims of the conflict requires continued attention
and renewed efforts to ensure that all victims are registered and have access to the financial
and human resources necessary to meet their needs in terms of rehabilitation, satisfaction
and compensation. Access to the archives of the armed conflict remains unresolved and
requires determined action by the executive and judicial bodies with the necessary legal
powers. The reform of the military and its submission to civilian authority are pending and
key factors in ensuring that El Salvador completes its transition to a rule of law-based
society where the crimes of the past do not recur. Sectors with social influence, including
the political class, the media and cultural and educational leaders, should assume an active
and responsible role in the intergenerational transmission of historical memory and a
culture of peace that respects human rights.
74.
The Special Rapporteur recalls that transitional justice processes are not a “pick and
choose” exercise, but should be implemented in a comprehensive manner, addressing each
constitutive element: truth, justice, reparation, memory and guarantees of non-recurrence.
75.
The Special Rapporteur notes with satisfaction the Government’s openness and
willingness to address and in some cases implement the recommendations made during and
after his visit and hopes that the recommendations below will be implemented swiftly.
A.
Recommendations addressed to the Government
76.
The Legislative Assembly should ratify the above-mentioned international
treaties.
77.
The Legislative Assembly should adopt in the near future a comprehensive
transitional justice law that complies with the requirements stipulated in the 2016
ruling of unconstitutionality of the General Amnesty Act and with international
human rights standards, including the jurisprudence of the Inter-American Court of
Human Rights, following an open and participatory process that includes victims and
civil society.
78.
The Legislative Assembly should adopt a law that provides a sustainable legal
framework, institutional and budgetary autonomy and the necessary financial
GE.20-09158
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