A/HRC/45/45/Add.2
appointed by the Ministry of Defence, a representative of human rights organizations
(chosen by the President from a list of three candidates submitted by those organizations)
and the Presidential Human Rights Commissioner. The Special Rapporteur welcomes this
initiative and hopes that the Commission, which has not yet been set up, will be operational
soon.
27.
The Special Rapporteur has also received information about difficulties in gaining
access to the files of the Truth Commission report of 1993. Of the three recorded copies,
only the archives deposited with the United Nations have been confirmed. However, issues
related to the confidentiality of the testimony recorded in the files and the need to digitize
and copy the archives currently restrict access.
III. Justice
A.
National Reconciliation Act
28.
In 2017, the Governing Board of the Legislative Assembly established an ad hoc
commission to study the implications of the ruling that invalidated the General Amnesty
Act. The commission faced strong criticism because of: (a) its mandate, which includes
interpreting the implications of the ruling, a task which cannot and should not be a
prerogative of the legislative branch; (b) its composition, as four of its members presented a
conflict of interest; and (c) the lack of transparency and effective participation by victims
and civil society.
29.
In February 2019, the chair of the commission submitted a proposal for a national
reconciliation law containing provisions that in practice would lead to a de facto amnesty
through the application of statutes of limitations, restrictive deadlines for criminal
investigations, the elimination of prison sentences and the granting of sentence-reduction
benefits without preconditions. The proposal was strongly criticized, including by
OHCHR,12 the Inter-American Commission on Human Rights13 and the Special Rapporteur
during his visit. As a result, the bill was withdrawn and the ad hoc commission ceased its
operations, which were delegated to the Political Commission of the Legislative
Assembly.14
30.
New draft laws debated in the Legislative Assembly also included provisions
contrary to international law, prompting further reactions from the Special Rapporteur. 15 In
February 2020, the Legislative Assembly adopted the Special Act on Transitional Justice,
Reparation and National Reconciliation (Decree No. 575). The Act included measures
relating to reparation, historical memory, the search for truth and access to archives, but it
also contained impunity mechanisms such as the commutation of sentences for those
responsible for violations, in some cases by up to a quarter of the original term, and the
imposition of a time limit of only one year for the Attorney General’s Office to investigate
allegations of violations. The Act was vetoed days later by the President for failing to
comply with the requirements of the ruling of unconstitutionality 44/2003 and 145/2013.
31.
The Special Rapporteur notes with concern that the various drafts and discussions
surrounding the National Reconciliation Act include legal provisions that are reprehensible
under international human rights law, such as statutory limitations, measures to exclude
responsibility and measures intended to replace, eliminate or void the effects of a
conviction for serious human rights violations.
32.
In this connection, the Special Rapporteur recalls that the jurisprudence of
international and regional human rights courts establishes the obligation to prosecute and
punish, with appropriate penalties, the perpetrators of gross violations of human rights and
12
13
14
15
GE.20-09158
www.ohchr.org/sp/NewsEvents/Pages/DisplayNews.aspx?NewsID=24267&LangID=E.
www.oas.org/es/cidh/prensa/comunicados/2019/104.as.
elmundo.sv/se-desactiva-sin-propuesta-la-comision-ad-hoc-de-amnistia/.
www.ohchr.org/SP/NewsEvents/Pages/DisplayNews.aspx?NewsID=24619&LangID=E.
7
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