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 15

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