truth, and to reparation for the surviving victims and the next of kin of the victims who were
executed. To this end, the Court finds it relevant, first, to establish the facts, to then recall the
grounds for the obligation to investigate facts such as those of the instant case, and then to
address the factual and legal obstacles that have prevented compliance with this obligation,
creating a situation of total impunity that still continues.292
A.
The investigation of the facts of this case
210. The evidence reveals that, owing to the internal armed conflict that was underway, the
fear and distrust of State institutions, the surviving victims and the next of kin of the victims
who were executed did not denounce the facts of this case before the corresponding instances
until October 1990.293
1)
Opening of the investigations and measures taken
211. The initial complaint was filed on October 26, 1990, by Pedro Chicas Romero before the
Second First Instance Court of San Francisco Gotera, denouncing the events that occurred on
December 10 and 11, 1981, in the village of El Mozote, on December 11 in the canton of La
Joya, on December 12 in the villages of Rancheria and Los Toriles, and on December 13 in the
village of Jocote Amarillo and in the cantons of Guacamaya and Cerro Pando.294 That same day
he ratified his complaint before the said Court.295
212. Following the initial complaint filed on October 26, 1990, by Pedro Chicas Romero,
between October 30, 1990, and May 8, 1991, the Second First Instance Court of San Francisco
Gotera received the statements of 12 survivors of the massacres, either as victims or
witnesses.296 With these statements, it was considered that sufficient evidence had been
292
The Court has defined impunity as: “the absence of any investigation, pursuit, capture, prosecution and
punishment of those responsible for violations of the human rights protected by the American Convention”. Case of the
“White Van” (Paniagua Morales et al.) v. Guatemala. Preliminary objections. Judgment of January 25, 1996. Series C No.
23, para. 173, and Case of Contreras et al. v. El Salvador, footnote 193.
293
Cf. 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 5524); Sworn
statement made by Pedro Chicas Romero before the Oficina de Tutela Legal del Arzobispado on July 25, 2011 (evidence
file, tome VIII, annex 3 to the pleadings and motions brief, folios 5530 to 5531); Sworn statement made by Santos
Jacobo Chicas Guevara before the Oficina de Tutela Legal del Arzobispado on June 20, 2011 (evidence file, tome VIII,
annex 3 to the pleadings and motions brief, folio 5540); Sworn statement made by César 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 5548); Sworn statement made by Alejandro Hernández Argueta before the Oficina de Tutela Legal
del Arzobispado on August 3, 2011 (evidence file, tome VIII, annex 3 to the pleadings and motions brief, folios 5574 to
5575); Affidavit provided by Juan Bautista Márquez Argueta on April 1, 2012 (evidence file, tome XVII, affidavits, folio
10278); Affidavit provided by Antonia Guevara Díaz on April 1, 2012 (evidence file, tome XVII, affidavits, folio 10288);
Affidavit provided by Juan Antonio Pereira Vigil on April 1, 2012 (evidence file, tome XVII, affidavits, folios 10290 to
10291); Statement made by María Dorila Márquez de Márquez before the Inter-American Court during the public hearing
held on April 23, 2012; Sworn statement made by José Eliseo Claros Romero before the Oficina de Tutela Legal del
Arzobispado on July 21, 2011 (evidence file, tome VIII, annex 3 to the pleadings and motions brief, folio 5534); Sworn
statement made by José Gervacio Díaz before the Oficina de Tutela Legal del Arzobispado on June 28, 2011 (evidence
file, tome VIII, annex 3 to the pleadings and motions brief, folio 5545); Sworn statement made by José Cruz Vigil del Cid
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 5559); Sworn statement made by María Regina Márquez Argueta before the Oficina de Tutela
Legal del Arzobispado on August 2, 2011 (evidence file, tome VIII, annex 3 to the pleadings and motions brief, folios
5586 to 5588); Sworn statement made by María Elena Vigil before the Oficina de Tutela Legal del Arzobispado on July
19, 2011 (evidence file, tome VIII, annex 3 to the pleadings and motions brief, folio 5594); Affidavit provided by Sofía
Romero Pereira on April 1, 2012 (evidence file, tome XVII, affidavits, folio 10282); Affidavit provided by Eduardo
Concepción Argueta Márquez on April 1, 2012 (evidence file, tome XVII, affidavits, folio 10293), and Affidavit provided
by José Pablo Díaz Portillo on April 1, 2012 (evidence file, tome XVII, affidavits, folio 10299).
294
Cf. Complaint filed before the Second First Instance Court of San Francisco Gotera by Pedro Chicas Romero on
October 26, 1990 (evidence file, tome III, annex 23 to the submission of the case, folios 1649 to 1652).
295
Cf. Victim statement made by Pedro Chicas Romero before the Second First Instance Court of San Francisco
Gotera on October 26, 1990 (evidence file, tome III, annex 23 to the submission of the case, folio 1654).
296
Cf. Witness statement made by Juan Bautista Márquez before the Second First Instance Court of San Francisco
Gotera on October 30, 1990 (evidence file, tome III, annex 23 to the submission of the case, folios 1657 to 1659);
67
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