or were burned alive (supra paras. 95, 96 and 108). The physical evidence of the exhumations confirms the assertions of a massive murder; in other words, a massacre.197 155. In sum, it was the State’s responsibility to protect the civilian population in the armed conflict,198 and especially the children,199 who were in a situation of greater vulnerability and risk of having their rights violated. To the contrary, in the instant case, the State agents acted deliberately, by planning and executing, under the State’s structures and facilities, the perpetration of seven successive massacres of defenseless elderly persons, men, women and children, in the context of a systematic plan to eliminate certain sectors of the population who were considered to support, collaborate or belong to the guerrilla, or who were in any way contrary or opposed to the Government. 156. Therefore, the State of El Salvador is responsible for the executions perpetrated by the Salvadoran Armed Forces in the massacres committed from December 11 to 13, 1981, in the village of El Mozote, the canton of La Joya, the villages of Ranchería, Los Toriles and Jocote Amarillo, and the canton of Cerro Pando and a cave on Cerro Ortiz, in violation of Article 4 of the American Convention, in relation to Article 1(1) of this instrument. In addition, it has been proved that there were a considerable number of children among the executed victims, so that, in their regard, the violations of the right to life also occurred in relation to Article 19 of the Convention. This violation was aggravated with regard to the children, and also to the women who were pregnant. 157. The lists attached to the merits report of the Inter-American Commission show a total of 967 presumed victims who were executed, while the State presented a list of 936 victims of the the Second First Instance Court of San Francisco Gotera on November 28, 1990 (evidence file, tome III, annex 23 to the submission of the case, folio 1697); Witness statement made by María Teófila Pereira Argueta before the Second First Instance Court of San Francisco Gotera on January 23, 1991 (evidence file, tome III, annex 23 to the submission of the case, folio 1701); Witness statement made by Bernardino Guevara Chicas before the Second First Instance Court of San Francisco Gotera on January 23, 1991 (evidence file, tome III, annex 23 to the submission of the case, folio 1706); Witness statement made by Lucila Romero Martínez before the Second First Instance Court of San Francisco Gotera on January 24, 1991 (evidence file, tome III, annex 23 to the submission of the case, folio 1711); Witness statement made by Domingo Vigil Amaya before the Second First Instance Court of San Francisco Gotera on January 30, 1991 (evidence file, tome III, annex 23 to the submission of the case, folio 1715); Witness statement made by Rosa Ramírez Hernández before the Second First Instance Court of San Francisco Gotera on January 30, 1991 (evidence file, tome III, annex 23 to the submission of the case, folios 1717 to 1719); Victim statement made by Eustaquio Martínez Vigil before the Second First Instance Court of San Francisco Gotera on March 14, 1991 (evidence file, tome III, annex 23 to the submission of the case, folio 1753); Victim statement made by Genaro Sánchez before the Second First Instance Court of San Francisco Gotera on April 4, 1991 (evidence file, tome III, annex 23 to the submission of the case, folio 1763); Witness statement made by Sotero Guevara Martínez before the Second First Instance Court of San Francisco Gotera on May 7, 1991 (evidence file, tome III, annex 23 to the submission of the case, folios 1776 and 1777); Sworn statement made by María del Rosario López Sánchez before the Oficina de Tutela Legal del Arzobispado on June 19, 2011 (evidence file, tome VIII, annex 3 to the pleadings and motions brief, folio 5522); Sworn statement made by Cesar Martínez Hernández before the Oficina de Tutela Legal del Arzobispado on June 22, 2011 (evidence file, tome VIII, annex 3 to the pleadings and motions brief, folio 5547), and Statement made by María Dorila Márquez de Márquez before the InterAmerican Court during the public hearing held on April 23, 2012. 197 Cf. Report on the forensic investigation in the village of El Mozote, Site 1, prepared by Kirschner, Douglas D. Scott and John J. Fitzpatrick dated December 10, 1992 (evidence submission of the case, folios 4022 to 4023), and Communication of Clyde C. Snow, Robert Scott and John J. Fitzpatrick, addressed to the Second First Instance Judge of San Francisco 1992 (evidence file, tome V, annex 23 to the submission of the case, folio 3525). Clyde C. Snow, Robert H. file, tome VI, annex 24 H. Kirschner, Douglas D. Gotera, of December 10, 198 The State’s general and special obligations to protect the civilian population derived from international humanitarian law, are established, in particular, in Article 3 common to Geneva Conventions of August 12, 1949, and the norms of Protocol II Additional to the 1949 Geneva Conventions and relating to the protection of the victims of noninternational armed conflicts. 199 Article 38 of the Convention on the Rights of the Child stipulates: […] 4. In accordance with their obligations under international humanitarian law to protect the civilian population in armed conflicts, States Parties shall take all feasible measures to ensure protection and care of children who are affected by an armed conflict. […] 49

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