suffered.494
A.
Injured party
306. The Court reiterates that, in the terms of Article 63(1) of the Convention, the injured
party is the party that has been declared a victim of the violation of any right recognized in the
Convention. Therefore, the Court considers as “injured parties” those persons included in the
lists of: (i) victims who were executed; (ii) the surviving victims; (iii) the next of kin of the
victims who were executed, and (iv) the victims forcibly displaced, that are included as Annexes
identified in the Appendixes “A”, “B”, “C” and “D” to this Judgment. As victims of the violations
declared in Chapters VII and VIII, they will be beneficiaries and recipients of the measures that
the Court establishes in this chapter.
307. In addition, the Commission asked the Court to require the State to establish a
mechanism that allows, insofar as possible, the complete identification of the victims executed in
the massacres of El Mozote and nearby places. It also indicated that this mechanism should
facilitate the complete identification of the next of kin of the executed victims, so that they can
become beneficiaries of the reparations that are established. The foregoing in coordination and
as a complement to the measures already taken by the representatives.
308. The representatives considered that the State should endeavor to determine the identity
all those persons who were murdered, as well as all the next of kin of the deceased victims and
of the victims who survived the massacres. Consequently, it requested that the State be granted
a maximum of six months to identify all those persons who should be considered entitled to the
right to reparation and who are not included on the lists of victims, so that they may be included
in the reparations established by this Court. In addition, they asked that all those murdered in
the massacres should be added to the lists of victims already provided, even in the eventuality
that their remains are not found. According to the representatives, this measure would entail
drawing up a list of murdered victims, that also contained the basic characteristics of each of
them, including age and gender, and this should be published in the same terms as the Court’s
judgment. To implement all the above, they considered it essential that the State coordinate
with the victims and ensure the provision of all necessary technical and financial resources, as
well as trained personnel. However, they also considered it essential that compliance with the
other measures of reparation established by the Court should not be dependent on compliance
with this measure.
309. The State indicated that the creation of a list of victims “is a process that the State of El
Salvador has already undertaken and is underway,” and “it will be the basis to identify not only
the individuals but also the geographic areas and the population to which many of the measures
of a social nature will be addressed.” In this regard, it explained that, in principle, the creation of
the “Single List of Victims and Next of Kin of Victims of Grave Human Rights Violations during
the Massacre of El Mozote” responds to the representatives’ request for the preparation of a list
of murdered victims that also contains the basic characteristics of each one, including age and
gender and, in addition, includes all the next of kin of the deceased victims and the surviving
victims of the massacre. However, “this list will also allow the future administration of the
exercise of human rights arising from the application of the different measures of reparation that
have been accepted by the State.”495
494
Cf. Case of the Las Dos Erres Massacre v. Guatemala, para. 226.
495
In this regard, the State explained that the process of identifying the victims had been designed in four stages:
(a) determination of the scope of the list; (b) pre-registration procedure; (c) registration procedure, and (d) delivery of
the list. Each of these stages had been defined technically during a process of permanent dialogue with victims and their
representatives. Regarding the registration procedure, the process had begun on site on May 21, 2012, and covered the
municipalities of Arambala, Meanguera, Jocoaitique, Chilanga and Cacaopera, all in the department of Morazán, as well
as the municipalities of Lourdes, Gotera, San Miguel and others, where the displaced population was located. The
registration of victims is being carried out in two stages simultaneously; the first consisting in registration on demand,
and the second on visits to each house. According to the State, the data gathering process would take 15 consecutive
days and the process to revise the list would take 20 working days more, so that it was anticipated that the list would be
ready – prior to the administration stage – in six weeks. The first procedure was being prepared by personnel of the
101
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