Parties also recognize, that acts of this nature, regardless of the sector to which their
perpetrators belong, must be the object of exemplary action by the law courts so that the
punishment prescribed by law is meted out to those found responsible.434
273. On July 13, 1992, the Truth Commission began its activities, taking into consideration, on
the one hand, “the singular importance that could be attributed to the events to be investigated,
their characteristics and repercussion, as well as the social upheaval to which they gave rise”
and, on the other hand, “the need to create confidence in the positive changes that the peace
process promotes and to accelerate the path towards national reconciliation.”435 Based on these
criteria, the Truth Commission investigated two types of cases: (a) individual cases or acts that,
owing to their particular characteristics, deeply affected Salvadoran society and/or international
society,” and (b) a series of individual cases of similar characteristics that reveal a systematic
pattern of violence or ill-treatment and that, taken as a whole, also profoundly affected
Salvadoran society, especially because their purpose was to influence certain sectors of that
society by intimidation.”436 In its report published on March 15, 1993, the Truth Commission
described the patterns of violence during the armed conflict of both State agents and members
of the FMLN, and included approximately 30 cases to illustrate them. 437
b) The National Reconciliation Law and the Law of General Amnesty for the
Consolidation of Peace
274. On January 23, 1992, after the signature of the Chapultepec Peace Accords on January
16, 1992, the Legislative Assembly of the Republic of El Salvador issued Legislative Decree No.
147 entitled “Law for National Reconciliation.” Article 1 of this decree established that:
“[a]mnesty shall be granted to all persons who participated as direct or indirect perpetrators or
as accomplices in ordinary political crimes, related ordinary crimes, or ordinary crimes
committed by at least 20 persons, prior to January 1, 1992, with the exception, in any case, of
the crime of kidnapping established in article 220 of the Criminal Code.” 438 In addition, article 6
of the law contained a clause indicating that: “[t]his amnesty shall not apply to persons who,
according to the Truth Commission, participated in grave acts of violence that occurred after
January 1, 1980, whose impact on society urgently requires that the public may know the truth,
irrespective of the sector to which they belong.” 439
275. On March 20, 1993, five days after the presentation of the Truth Commission’s report,
the Legislative Assembly enacted the so-called “Law of General Amnesty for the Consolidation of
Peace” (hereinafter “Amnesty Law”), by Legislative Decree No. 486 published on March 22 that
year.440 The text of this decree established:
Art. 1. Full, absolute, and unconditional amnesty shall be granted to all those who participated in any
way in committing political crimes, or related ordinary crimes, or ordinary crimes committed prior to
October 22, 1987, in which no fewer than 20 persons were involved, whether or not such persons have
been convicted or have had proceedings initiated against them, and this amnesty shall apply to all
persons who have participated as direct or indirect perpetrators or as accomplices in such criminal acts.
434
United Nations. El Salvador Agreements: on the road to peace, 1992 (evidence file, tome IX, annex 6 to the
pleadings and motions brief, folio 5865).
435
Report of the Truth Commission for El Salvador, From madness to hope: the 12-year war in El Salvador, 19921993 (evidence file, tome II, annex 1 to the submission of the case, folio 1087).
436
Report of the Truth Commission for El Salvador, From madness to hope: the 12-year war in El Salvador, 19921993 (evidence file, tome II, annex 1 to the submission of the case, folio 1088).
437
Cf. Report of the Truth Commission for El Salvador, From madness to hope: the 12-year war in El Salvador,
1992-1993 (evidence file, tome II, annex 1 to the submission of the case, folios 1074 to 1287).
438
National Reconciliation Law. Legislative Decree No. 147, published on January 23, 1992 (evidence file, tome II,
annex 5 to the submission of the case, folios 1407 to 1411).
439
National Reconciliation Law. Legislative Decree No. 147, published on January 23, 1992 (evidence file, tome II,
annex 5 to the submission of the case, folios 1407 to 1411).
440
Article 1 of the Law of General Amnesty for the Consolidation of Peace. Legislative Decree No. 486, published on
March 22, 1993 (evidence file, tome II, annex 6 to the submission of the case, folios 1413 to 1416).
89
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