119. As established in the Commission’s merits report and acknowledged by the State, at that
time it had been determined that approximately 141 people were executed in the canton of
Cerro Pando. This is without prejudice to the determination that will opportunely be made by the
Court in this Judgment, based on the criteria described previously for determining victims (supra
para. 57).
120. As established by Tutela Legal del Arzobispado in its report,143 and acknowledged by the
State, in the context of this massacre, about 20 people sought refuge from the operation in a
cave on Cerro Ortiz, in the municipality of El Zapotal. However, they were discovered by the
soldiers owing to the cries of a child and, without warning, the soldiers threw a grenade into the
cave. Those who were wounded but could still walk abandoned the cave. 144
121. As established in the Commission’s merits report and acknowledged by the State, at that
time it had been determined that approximately 15 people were executed in a cave on Cerro
Ortiz. This is without prejudice to the determination that will opportunely be made by the Court
in this Judgment, based on the criteria described previously for determining victims (supra para.
57).
4)
The internal and international displacements
122. The statements in the case file reveal that there were displacements internally145 and also
to the Republic of Honduras 146 prior to the massacres, as a result of the situation in the north of
the department of Morazán.
123. In addition, massive movements of people resulted from the massacres in this case owing
to the fears of those who survived, the destruction and incineration of their homes, and the
elimination of their means of subsistence. The testimony received indicates that the survivors
displaced internally147 and/or left for the Republic of Honduras to seek refuge in Colomoncagua
143
Cf. Tutela Legal del Arzobispado de San Salvador, El Mozote. Lucha por la verdad y la justicia: Masacre a la
Inocencia, San Salvador, El Salvador, 2008, p. 66 (evidence file, tome VIII, annex 2 to the pleadings and motions brief,
folio 5307).
144
Cf. Introduction by María Julia Hernández in: Pedro Linger Gasiglia, El Mozote. La Masacre 25 años después.
1st. Ed., Buenos Aires, 2007 (evidence file, tome IX, annex 4 to the pleadings and motions brief, folio 5704).
145
Cf. 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 5533); Sworn statement made
by José Gregorio Hernández García 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 5536); Sworn statement made by Petronila Vigil de Márquez
before the Oficina de Tutela Legal del Arzobispado on August 2, 2011 (evidence file, tome VIII, annex 3 to the pleadings
and motions brief, folio 5553); Sworn statement made by María Trinidad Díaz Díaz before the Oficina de Tutela Legal del
Arzobispado on August 3, 2011 (evidence file, tome VIII, annex 3 to the pleadings and motions brief, folio 5578); 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, folio 5585); Affidavit provided by Sofía Pereira
Romero on April 2, 2012 (evidence file, tome XVII, affidavits, folio 10280), and Affidavit provided by Sonia Tobar de Díaz
on April 1, 2012 (evidence file, tome XVII, affidavits, folio 10284).
146
Cf. 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, folios 5543 and 5544); Sworn statement
made by María Ester González Barrera before the Oficina de Tutela Legal del Arzobispado on June 29, 2011 (evidence
file, tome VIII, annex 3 to the pleadings and motions brief, folio 5550); Sworn statement made by María Teresa Argueta
de Pereira before the Oficina de Tutela Legal del Arzobispado on August 8, 2011 (evidence file, tome VIII, annex 3 to the
pleadings and motions brief, folio 5569), and 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 5585 to 5586).
147
Cf. 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 1708);
Victim statement made by Bernardino Guevara Chicas before the Second First Instance Court of San Francisco Gotera on
February 25, 1991 (evidence file, tome III, annex 23 to the submission of the case, folio 1734); 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 1712); 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, folios 5522 and 5523), and Affidavit provided by Juan Antonio Pereira Vigil
on April 2, 2012 (evidence file, tome XVII, affidavits, folios 10289 and 10290).
38
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