CAT/C/SLV/CO/2
40/146 of 13 December 1985) and establishment of an independent body to safeguard
the independence of the judiciary.
4.
Public safety
13.
The Committee notes with concern that the State party has assigned 4,000 members
of the armed forces to police units known as Joint Task Forces, to undertake policing tasks,
such as the prevention and suppression of common crimes linked to the number of gangs,
instead of providing support to the police in its work (art. 2).
The State party should take effective steps to support the National Civil Police and
cancel programmes, even temporary ones, which authorize the army to intervene in
law enforcement activities and the prevention of ordinary crime, which should be
carried out exclusively by the police.
5.
Enforced or involuntary disappearances during the armed conflict between 1980 and
1992
14.
The Committee welcomes the as yet limited efforts of the Inter-agency Commission
on the search for children who disappeared during the armed conflict and the plan to
restructure the Commission and redefine its functions. It also welcomes the invitation
extended by the State party to the Working Group on Enforced or Involuntary
Disappearances in 2007. However, the Committee wishes to express its concern at the
failure to provide full redress to the victims of enforced or involuntary disappearances
during the armed conflict between 1980 and 1992 and their families and, in general, the
inadequate investigations and punishment and the lack of full redress and compensation in
relation to those crimes. It also regrets the failure to search for adults who have disappeared
(arts. 2, 4 and 16).
The Committee reminds the State party that the crime of enforced disappearance is
ongoing by nature and should be investigated for as long as its effects continue, until
those responsible have been identified. Similarly, the Committee reiterates the
recommendations of the Working Group on Enforced or Involuntary Disappearances
and notes with concern that they have not been implemented in full. The Committee
urges the State party to take rapid steps to ensure progress in the search for missing
persons, the establishment of a programme of full redress and compensation for
victims and their families and the prevention of further cases of enforced or
involuntary disappearance.
6.
General Amnesty (Consolidation of the Peace) Act and recommendations of the Truth
Commission
15.
The Committee notes with satisfaction the Government’s statement that it will not
maintain the position upheld by previous administrations of justifying the application of the
Amnesty Act as necessary for the preservation of peace in the State party. It also notes that
in its ruling of 26 September 2000, the Supreme Court held that, although the Amnesty Act
is constitutional, judges may decide not to apply it when giving judgements on specific
cases, adding that “it shall be for the judge to decide in each specific case when this
exception applies, by means of an interpretation in keeping with the Constitution”, and that
“if the events which gave rise to the civil responsibility of a public official or employee
have not been covered by an amnesty — because they involve crimes which cannot be the
subject of an amnesty — or if the amnesty granted breaches the Constitution, the obligation
to provide compensation may be asserted before the competent courts”. However, the
Committee considers that this Act violates the right to an effective remedy, since it hinders
the investigation and punishment of all those responsible for human rights violations and
stands in the way of the right to redress, compensation and rehabilitation of the victims. The
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