161. Regarding the other massacres, as it has been proved that the inhabitants of those areas
were aware of the operation and some of them had been advised of the violent operation of the
military forces by people who had escaped, the Court finds it reasonable that they endured
anguish and fear in the moments prior to the arrival of the soldiers, because they could foresee
that they would be deprived of their life violently and arbitrarily, and this constituted cruel and
inhuman treatment.
162. According to the acknowledgment of the facts made by the State, the acknowledgement
of responsibility at the domestic level, and the determinations made by this Court, the events
that preceded the execution of the people who were in the village of El Mozote, the cantons of La
Joya and Cerro Pando, the villages of Rancheria, Los Toriles and Jocote Amarillo, and the cave
on Cerro Ortiz, entailed their physical, mental and moral suffering, and this violated their right
to personal integrity recognized in Article 5(1) of the American Convention, which in turn
constituted cruel, inhuman or degrading treatment, contrary to Article 5(2) of the American
Convention in relation to Article 1(1) of this instrument, to the detriment of the executed
victims. Also, as it has been proved that there were children among the executed victims, the
Court concludes that the violations of the right to integrity to their detriment occurred also in
relation to Article 19 of the Convention.
163. In addition, based on the State’s acceptance of the facts, the Court considers that, in this
case, it is reasonable to grant probative value to the series of indications derived from the case
file that allow it to infer the truth of the rape of the young women perpetrated by the soldiers in
the village of El Mozote. First, as a result of its investigations, the reports of Tutela Legal del
Arzobispado indicated that, during the course of the operation in El Mozote, many young women
had been raped before they were killed, mainly on “Cerro La Cruz” and “Cerro El Chingo.”202
Furthermore, Rufina Amaya’s testimony indicates that, before the massacres, the soldiers had
camped out in “Cerro La Cruz” and “Cerro El Chingo,”203 and this is corroborated by the results
of the judicial inspections in these places that revealed the existence of trenches.204 Rufina
Amaya also stated that, on December 12, 1981, she heard women’s screams coming from
“Cerro El Chingo” crying out “Oh, oh, don’t kill us.”205 In addition, during her participation in the
judicial inspection conducted in El Mozote, she indicated that when she was able to hide behind
some bushes, she was able to see that in the house of Israel Márquez “the soldiers were raping
and killing a group of women.”206 The exhumations at this site indicated that the remains
belonged mainly to women.207 In addition, when filing a complaint, Pedro Chicas indicated that
“the same soldiers took the young women to [Cerro] El Chingo and [Cerro] La Cruz, in the
even the youngest children recognize what is happening and can sense their parents’ uncertainty and fear.” United
Nations, Impact of Armed Conflict on Children, supra, para. 67.
202
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, pp. 57 and 333 (evidence file, tome VIII, annex 2 to the pleadings and
motions brief, folios 5302 and 5456). See also, Sworn statement made by Wilson Valeriano Guevara before the Oficina
de Tutela Legal del Arzobispado on March 13, 1992 (file of proceedings before the Commission, tome II, annex 20 to the
submission of the case, folio 830), and 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 5566).
203
Cf. Sworn statement made by Rufina Amaya Vda. de Márquez before the Oficina de Tutela Legal del
Arzobispado on October 10, 1990 (evidence file, tome II, annex 20 to the submission of the case, folios 1572 to 1573).
204
Cf. Judicial inspection made on “Cerro El Chingo”, village of El Mozote, jurisdiction of Meanguera, department of
Morazán on June 3, 1992 (evidence file, tome III, annex 23 to the submission of the case, folios 2025 and 2026), and
Judicial inspection made on “Cerro La Cruz”, village of El Mozote, jurisdiction of Meanguera, department of Morazán, on
June 10, 1992 (evidence file, tome III, annex 23 to the submission of the case, folio 2072).
205
Cf. Sworn statement made by Rufina Amaya Vda. de Márquez before the Oficina de Tutela Legal del
Arzobispado on October 10, 1990 (evidence file, tome II, annex 20 to the submission of the case, folio 1577).
206
Judicial inspection made in the canton of El Mozote, jurisdiction of Meanguera, department of on May 27, 1992
(evidence file, tome III, annex 23 to the submission of the case, folio 1996).
207
Cf. Report of the Argentine Forensic Anthropology Team (EAAF) on the exhumation work performed in 2001
(evidence file, tome VI, annex 28 to the submission of the case, folio 4489).
51
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