E/CN.4/1990/17 page 62 kidnappings and extrajudicial executions. Although in the case of disappearances, as in other cases of human rights violations, the investigative powers of the Procurator are concurrent with those of the judicial system, he can carry out such investigations independently and the authorities are under a legal obligation to co-operate with him. If they refuse to do so, the Procurator can start a court procedure against them. 198. When the investigation has been satisfactorily concluded and it has been established that a violation has been committed, the case is transmitted to the judge and the Attorney-General, although formally the latter is not dependent on the findings of the Procurator since he can start his own investigation -immediately after a crime has been committed. Although the file is transmitted to the judiciary in order to start criminal procedures, the Procurator on Human Rights can publish his findings in a report to Congress. In the notorious El Aguacate case, in which 21 people were killed (according to the Government by guerrillas but according to other sources by the military), the Procurator declared in Congress that the Government had shown negligence in the investigation of that crime and that the Government was responsible since it failed to carry out its duty to ensure the right to life. 199. In spite of the fact that the Procurator has broad powers, many sources expressed their dissatisfaction with the way his mandate was performed. It was said that no clear priorities had been set with regard to various categories of human rights violations (initially much emphasis was given to social and economic problems), and that investigations were not carried out thoroughly. Moreover, it was found highly unsatisfactory that the Procurator's office was situated on the outskirts of the capital and was therefore difficult to reach for the average citizen. 200. In discussion with members of Congress and with the Deputy Procurator it was explained to the Special Rapporteur that there was general agreement that the location was inappropriate but that it had been impossible to find more centrally-located premises as nobody wanted to let offices to an institution with such a madate. Moreover, it was said that the office was badly understaffed since the resources earmarked for the office were far from sufficient. 201. At present the post of Prosecutor for Human Rights is vacant. The first bolder of the office, who was out of the country during the Special Rapporteur's visit, offered his resignation a few weeks later. 202. In June 1988 an Advisory Commission on Human Rights Matters to the Office of the President was established. It is composed exclusively of government officials. Its function is to advise the President on matters of human rights. It maintains contact with the other branches of Government, the various ministries, the judiciary and the Attorney-General, but not with Congress. It can recommend additional legislative measures and draw the attention of the various State institutions to shortcomings in the system to guarantee human rights. The Commission has no authority to carry out investigations independently, although the government order by which it was established included in its mandate "the collecting of all the material gathered during inquiries and all the background information available from official and unofficial sources in order to provide full and public information on the enforced or involuntary disappearances that occurred before the present Government took office".