FMLN, there is clear evidence that, at the time of the facts, no members of the guerrilla or
armed persons were present in the said places191 and, also, taking into account that most of the
executed victims were children, women – some of them pregnant – and the elderly. The most
recent lists of victims prepared by Tutela Legal del Arzobispado, based on the testimony of
survivors and family members, contain 1,061 names of presumed victims who were executed; of
these, approximately 54% were children, approximately 18% adult women and approximately
10% men and adult women over 60 years of age. Meanwhile, from the exhumations performed
at 28 sites, mainly indicated by the survivors and other witnesses, remains have been recovered
corresponding to a minimum of 281 individuals, of which approximately 74% correspond to
children under 12 years of age.192 In particular, in Site 1, known as “El Convento” in the village
of El Mozote, of 143 individuals identified, 136 corresponded to children and adolescents, with
an average age of 6 years.193
154. This assertion is also corroborated by the forensic reports which concluded that there was
no evidence that could support the possibility that the deaths occurred in the context of combat,
confrontation or an exchange of gunfire between two bands.194 In addition, the amount of
ballistic evidence found in the places of the executions reveals the indiscriminate and massive
way in which people were executed.195 The surviving witnesses mention repeatedly “the hail of
bullets,” “the machine guns,” “the constant gunfire.”196 Also, many victims had their throats slit
191
Juan Bautista Márquez testified before the Inter-American Court that, in the village of El Mozote, “[o]wing to the
constant operations, the inhabitants of the place have many problems, because they are accused of supporting the
guerrilla; however, this is not true, [because] sometime, out of fear, they gave them food, but they also gave food to
the soldiers.” Affidavit provided by Juan Bautista Márquez Argueta on April 1, 2012 (evidence file, tome XVII, affidavits,
folios 10276 and 10277). Genaro Sánchez testified before the judge of the criminal action that “before the events [in La
Joya canton he] had not seen the guerrilla.” Witness statement made by Genaro Sánchez before the Second First
Instance Court of San Francisco Gotera on April 10, 1991 (evidence file, tome III, annex 23 to the submission of the
case, folio 1769). Sotero Guevara Martínez testified before the judge of the criminal action that in La Joya canton “those
who carried out the operation did not exchange gunfire with guerrilla groups.” Witness statement made by Sotero
Guevara Martínez before the Second First Instance Court of San Francisco Gotera on May 7, 1991 (evidence file, tome
III, annex 23 to the submission of the case, folio 1777). Pedro Chicas Romero stated before the Oficina de Tutela Legal
that, in La Joya canton, “innocent people died and they were not members of the guerrilla; they were villages; they were
people who had nothing to do with that; these people died in their own homes, and the soldiers came to kill them.”
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, folio 5531). José Antonio Márquez Claros indicated
before the Oficina de Tutela Legal that, in the village of El Mozote, “those who suffered were the por peasants, who were
not involved and who were not armed; their only defense was to run away.” Sworn statement made by José Antonio
Márquez Claros before the Oficina de Tutela Legal del Arzobispado on August 9, 2011 (evidence file, tome VIII, annex 3
to the pleadings and motions brief, folio 5565). María Erlinda Amaya Márquez indicated before the Oficina de Tutela
Legal that “even though they were not members of the guerrilla […] they were the ones [the soldiers] were seeking out.”
Sworn statement made by María Erlinda Amaya Márquez before the Oficina de Tutela Legal del Arzobispado on June 25,
2011 (evidence file, tome VIII, annex 3 to the pleadings and motions brief, folio 5591).
192
Cf. Joint expert opinion provided by affidavit by Luis Fondebrider, Mercedes C. Doretti and Silvana Turner on
April 18, 2012 (evidence file, tome XVII, affidavits, folios 10307 and 10308).
193
Cf. Report on the forensic investigation in the village of El Mozote, Site 1, prepared by Clyde C. Snow, Robert H.
Kirschner, Douglas D. Scott and John J. Fitzpatrick, dated December 10, 1992 (evidence file, tome VI, annex 24
submission of the case, folio 4022), and Communication of Clyde C. Snow, Robert H. Kirschner, Douglas D. Scott and
John J. Fitzpatrick, addressed to the Second First Instance Judge of San Francisco Gotera, of December 10, 1992
(evidence file, tome V, annex 23 to the submission of the case, folio 3525).
194
Cf. Archeological report, Village of El Mozote, Site 1, prepared by the Argentine Forensic Anthropology Team
(EAAF), December 1992 (evidence file, tome IV, annex 23 to the submission of the case, folio 2942).
195
Cf. Archeological report, Village of El Mozote, Site 1, prepared by the Argentine Forensic Anthropology Team
(EAAF), December 1992 (evidence file, tome IV, annex 23 to the submission of the case, folio 2942); Report on the
forensic investigation in the village of El Mozote, Site 1, prepared by Clyde C. Snow, Robert H. Kirschner, Douglas D.
Scott and John J. Fitzpatrick, dated December 10, 1992 (evidence file, tome VI, annex 24 submission of the case, folio
4022), and Communication of Clyde C. Snow, Robert H. Kirschner, Douglas D. Scott and John J. Fitzpatrick, addressed to
the Second First Instance Judge of San Francisco Gotera, of December 10, 1992 (evidence file, tome V, annex 23 to the
submission of the case, folio 3511).
196
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, folio 1657); Witness
statement made by Irma Ramos Márquez before the Second First Instance Court of San Francisco Gotera on October 31,
1990 (evidence file, tome III, annex 23 to the submission of the case, folios 1668 and 1669); Victim statement made by
Pedro Chicas Romero before the Second First Instance Court of San Francisco Gotera on October 31, 1990 (evidence file,
tome III, annex 23 to the submission of the case, folio 1671); Witness statement made by Hilario Sánchez Gómez before
48
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