homes, and hid in fear. Later they returned to their homes, found their wives and children dead
and had to bury them. Rosendo Hernández Amaya was unable to find one of his children.
Alejandro Hernández Argueta recounted that, at the age of 11, he was living in the village of
Jocote Amarillo when the massacre took place, and he managed to survive because, when his
mother saw that the soldiers had arrived, she told him to leave with his brother, who he lost
while trying to return home. After all the action of the soldiers had ceased, he searched for his
mother and, being unable to find her, he returned to his home which “was already in flames
[because] all the homes had been set on fire.” Finally, he found “three of his siblings dead; on
finding them, [he] spoke to [his] oldest brother, Santos, but Santos did not answer him, and
next to him was [their] four-month old brother, and [he] lifted him up but he was already stiff
[…]. He ran out of the house crying.” Then he waited to see if anyone would come to the house
and at about 7 p.m. his father arrived; he “was happy because [he] hadn’t been able to find
anybody to be with, because it’s not the same being with other people as being with your
family.” The following morning his father went to bury their other family members, and “found
his mother underneath the house, just below where his brothers were.”228
172. All things considered, the massacres had a significant psychological impact on the
survivors and they have suffered profound grief and anguish as a direct result of the particular
circumstances of the massacres, and also present mental and physical problems.229 The said
circumstances include having heard the cries for help and, in some cases, having witnessed the
acts of cruelty with which their family members were executed, as well as the fear caused by the
extreme violence that characterized the massacres. In addition, the Court considers it especially
serious that some of them had to gather up the bodies of their loved ones, which were burned
and/or in an advanced state of decomposition and, in some case, incomplete, in order to bury
them, without being able to give them proper burial in accordance with their traditions, values or
beliefs.230
173. Furthermore, the case file reveals that, in some cases, the survivors took different
measures, such as the search for justice, taking part in the proceedings before the domestic
and/or the international jurisdiction (supra para. 32 and infra paras. 211, 212 and 227). It has
also been proven that the lack of effective investigations in order to elucidate the facts and the
impunity in which the facts of this case remain have caused the surviving victims to feel fear,
vulnerability and insecurity.231 The Court finds that it is clear that the circumstances described
reflect the profound suffering that the surviving victims have endured, which has persisted for
more than 30 years owing to the impunity in which the events remain; events that took place in
228
Sworn statement made by Alejandro Hernández Argueta before the Oficina de Tutela Legal del Arzobispado on
August 3, 2011 (evidence file, tome VIII, annex 3 to the pleadings and motions brief, folios 5573 to 5574).
229
Cf. Expert opinion on psychosocial impacts and recommendations for reparations in the case of “The Massacres
of El Mozote and nearby places” provided by María Sol Yáñez De La Cruz, undated (evidence file, tome XVIII, annex 2 to
the final written arguments of the representatives, folio 10549).
230
Cf. Case of the Ituango Massacres v. Colombia, para. 260.
231
Cf. 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, folio 5524); 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, folios 5530 to 5531); Sworn statement made by Santos
Jacobo Chicas Guevara 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 5540); Sworn statement made by César Martínez Hernández before the
Oficina de Tutela Legal del Arzobispado on June 22, 2011 (evidence file, tome VIII, annex 3 to the pleadings and
motions brief, folio 5548); Sworn statement made by Alejandro Hernández Argueta before the Oficina de Tutela Legal
del Arzobispado on August 3, 2011 (evidence file, tome VIII, annex 3 to the pleadings and motions brief, folios 5574 to
5575); Affidavit provided by Juan Bautista Márquez Argueta on April 1, 2012 (evidence file, tome XVII, affidavits, folio
10278); Affidavit provided by Antonia Guevara Díaz on April 1, 2012 (evidence file, tome XVII, affidavits, folio 10288);
Affidavit provided by Juan Antonio Pereira Vigil on April 1, 2012 (evidence file, tome XVII, affidavits, folios 10290 to
10291); Statement made by María Dorila Márquez de Márquez before the Inter-American Court during the public hearing
held on April 23, 2012; Expert opinion provided by María Sol Yáñez De La Cruz before the Inter-American Court during
the public hearing held on April 23, 2012, and Expert opinion on psychosocial impacts and recommendations for
reparations in the case of “The Massacres of El Mozote and nearby places” provided by María Sol Yáñez De La Cruz,
undated (evidence file, tome XVIII, annex 2 to the final written arguments of the representatives, folio 10537).
55
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