impunity.” In addition, it indicated that other obstacles de jure or de facto used by judicial or
investigative authorities must be eliminated.
313. The representatives asked the Court to order the State to annul or revoke the Amnesty
Law using the mechanisms established in its domestic laws, and that whatever the procedural
route selected, it should be established that, given the incompatibility of the said law with the
American Convention, “it lacks effects since its inception, and therefore cannot constitute an
obstacle for the investigation, prosecution and punishment of this case, or of any other grave
human rights violation committed during the Salvadoran armed conflict.” Consequently, the
representatives asked the Court to order the State to conduct a serious and effective
investigation into all the events denounced in this case, including the acts of torture and the
extrajudicial executions perpetrated against the victims. In this regard, they considered it
necessary that the Court order the State to annul the decision to dismiss the proceedings issued
on September 1, 1993, and to order, immediately, the re-opening of the investigations, and that
the latter should abide by the following: (a) take into account the pattern of human rights
violations existing at the time; (b) determine the masterminds and perpetrators of the events,
without the State being able to apply the Amnesty Law in favor of the perpetrators, or any other
similar provision, prescription, non-retroactivity of the criminal law, res judicata, ne bis in idem
or any other analogous mechanisms to waive responsibility, “and that the authorities abstain
from taking measures that involve the obstruction of the investigative process,” and (c) ensure
that: (i) the competent authorities conduct the corresponding investigations ex officio, and that,
to this end, they have available and use all the necessary logistic and scientific resources, and
that they have the authority to access the pertinent documentation and information; (ii) the
persons who take part in the investigation have adequate guarantees for their safety, and (iii)
the authorities refrain from taking measures that involve the obstruction of the investigative
process. In this regard, they indicated that the victims’ next of kin must have full access and
legal standing at the different procedural stages, and that the results of the investigations must
be widely publicized so that Salvadoran society may know them.
314. The State recognized “its obligation to investigate the events denounced, to prosecute in
a fair trial and, as appropriate, to punish those responsible for the events described in the
application [sic] when they have been individualized and their criminal or administrative
responsibility determined by the competent authorities,” as well as “its obligation to adapt its
domestic law in conformity with the provisions of Article 2, in relation to Article 1(1) of the
American Convention.”
315. In Chapter VIII of this Judgment, the Court declared the violation of the rights to judicial
guarantees and to judicial protection, as well as the failure to comply with Articles 1, 6 and 8 of
the Inter-American Convention to Prevent and Punish Torture and 7(b) of the Convention of
Belém do Pará, because it had not opened an investigation ex officio, because of the lack of
diligence in the criminal investigation conducted by the Second First Instance Court of San
Francisco Gotera, and because of decision to dismiss the proceedings in application of the Law of
General Amnesty for the Consolidation of the Peace, as well as because of the violation of the
guarantee of a reasonable term. Thus, the said investigation has not constituted an effective
remedy to ensure the rights of access to justice and to know the truth by the investigation,
prosecution and eventual punishment of those responsible for the massacres, in a way that
examines, completely and exhaustively, the numerous adverse effects caused to the victims in
this case, or to ensure the full reparation of the consequences of the violations. Accordingly, 32
years after the events, and 19 years after the decision was issued to dismiss the only
proceedings that had been opened for the facts of this case, without any of those responsible
having been identified or indicted during the investigation, total impunity prevails.
316. The Court assesses positively the work of the Truth Commission for El Salvador and the
publication of its report, as an effort that has contributed to the search for and determination of
the truth of a historic period in El Salvador. In addition, the Truth Commission underlined the
importance of holding judicial proceedings to prosecute and punish those responsible, so that
the Court considers it pertinent to reiterate that the “historic truth” contained in the said report
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