CONCURRING OPINION OF JUDGE EDUARDO VIO GROSSI CASE OF THE MASSACRES OF EL MOZOTE AND NEARBY PLACES v. EL SALVADOR JUDGMENT OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS OF OCTOBER 25, 2012 (Merits, reparations and costs) This concurring opinion is issued with regard to the above-mentioned Judgment in order to place on record that, since the Court found it proved that pregnant women had been executed in the said massacres1 and that the remains of a fetus were even recovered during the corresponding exhumations,2 the undersigned proposed that the Court should clarify whether the latter and the other unborn children found in the wombs of those pregnant women, should be considered victims in this case. This opinions is also issued to indicate that, since the main dispute in this case focused on the international responsibility of the Republic of El Salvador for the said massacres and not on what should be understood by person or human being under Article 4(1) of the American Convention on Human Rights,3 the undersigned hopes that this issue will be addressed by the Inter-American Court of Human Rights when hearing a case that is more specifically and directly related to the issue and, on that occasion, express its opinion in that regard. Eduardo Vio Grossi Judge Pablo Saavedra Alessandri Secretary 1 Paragraphs 52, 153 and 156. 2 Paragraph 235. 3 “Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception. No one shall be arbitrarily deprived of his life.”