schedule was full that week.310 Consequently, the said measures were suspended until a future date311 (infra para. 230). 216. No measures were taken between July 19 and November 19, 1991. 217. On November 20, 1991, the trial judge, “[b]efore proceeding with the exhumations requested by the prosecution,” and “being aware […] that the areas where the corpses are supposedly located is one of the most problematic areas in the Republic, and that it has been declared that the area is mined,” which signified “a serious risk” for the different authorities and other persons who would attend this procedure, decided to request: the Minister of Defense to provide information, as soon as possible, “on the conditions of the place where the events referred to in this case occurred, in relation to a risk of mines or confrontations and whether the security agencies can provide adequate protection.” In addition, he asked the national and international Red Cross to provide the necessary protection to comply with the exhumations and the Director of the Institute of Forensic Medicine to take the necessary measures to provide the medical and paramedical personnel and scientific experts required to comply with the measures.312 Thus, the trial judge exchanged communications with the Director of the Institute of Forensic Medicine on November 25 and December 19, 1991, 313 with the Executive Director of the ICRC on November 25, 1991,314 with the Minister of Defense on November 25, 1991, and January 9, 1992,315 and with the Head of the Executive Unit of the Criminal Investigations Commission on November 25, 1991.316 218. On November 25, 1991 the prosecution indicated that “[t]he area where the measures ordered must be carried out […] is known to be mined and, also, that it is a problematic area owing to the armed confrontations that occur there” and requested, among other matters, that “a communication be sent to the Ministry of Defense and Public Security requesting that it proceed “to sweep the mines” in the area.”317 In response, on November 28, 1991, the trial judge declared the prosecution’s request inadmissible, confirming the decision of November 20, 1991318 (supra para. 218). 310 Cf. Communication of the Director of the Institute of Forensic Medicine, addressed to the Second First Instance Judge of San Francisco Gotera, of July 16, 1991 (evidence file, tome III, annex 23 to the submission of the case, folio 1785). 311 Cf. Decision issued by the Second First Instance Court of San Francisco Gotera on July 18, 1991 (evidence file, tome III, annex 23 to the submission of the case, folio 1786). 312 Cf. Decision issued by the Second First Instance Court of San Francisco Gotera on November 20, 1991 (evidence file, tome III, annex 23 to the submission of the case, folios 1787 to 1788). 313 Communication of the Second First Instance Judge of San Francisco Gotera, addressed to the Director of the Institute of Forensic Medicine, of November 25, 1991 (evidence file, tome III, annex 23 to the submission of the case, folio 1792), and Communication of the Director of the Institute of Forensic Medicine addressed to the Second First Instance Court of San Francisco Gotera on December 9, 1991 (evidence file, tome III, annex 23 to the submission of the case, folio 1803). 314 Cf. Communication of the Second First Instance Judge of San Francisco Gotera, addressed to the Executive Director of the International Committee of the Red Cross, of November 25, 1991 (evidence file, tome III, annex 23 to the submission of the case, folio 1796). 315 Cf. Communication of the Second First Instance Judge of San Francisco Gotera, addressed to the Minister of Defense, of November 25, 1991 (evidence file, tome III, annex 23 to the submission of the case, folio 1794), and Communication of the Second First Instance Judge of San Francisco Gotera, addressed to the Minister of Defense, of January 9, 1992 (evidence file, tome III, annex 23 to the submission of the case, folio 1806). 316 Cf. Communication of the Second First Instance Judge of San Francisco Gotera, addressed to the Head of the Executive Unit of the Criminal Investigation Commission, of November 25, 1991 evidence file, tome III, annex 23 to the submission of the case, folio 1793). 317 Communication of the Office of the Prosecutor General of the Republic of El Salvador of November 25, 1991 (evidence file, tome III, annex 23 to the submission of the case, folios 1798 to 1799). 318 Cf. Decision issued by the Second First Instance Court of San Francisco Gotera on November 28, 1991 (evidence file, tome III, annex 23 to the submission of the case, folio 1801). 70

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