Salvador.425 The framework for this process was established in the Geneva Accord of April 4,
1990, following which the parties drew up a general agenda and a timetable for the negotiation
process that were accorded in Caracas, Venezuela, on May 21, 1990.426
269. On July 26, 1990, in San José, Costa Rica, the parties signed the first agreement in the
negotiation process relating to absolute respect for human rights,427 in which they agreed that
“[a]ll necessary actions and measures shall be taken immediately to avoid any type of acts or
practices that violate the life, integrity, safety and liberty of the individual, [as well as] to
eliminate any practice of disappearances and kidnappings. Priority shall be given to the
investigation of any cases of this nature that might occur, as well as to the identification and
punishment of those found guilty.”428 This agreement was also the basis for the creation of the
United Nations Observer Mission in El Salvador (ONUSAL), by Security Council resolution 693 of
20 May 1991, which was installed on July 26, 1991, in order to verify the political agreements
reached by the parties to the internal conflict.429
270. The Mexico agreements of April 27, 1991, proposed constitutional reforms for the Armed
Forces in relation to the judicial system and human rights, as well as regarding the electoral
system. In addition, in these agreements the parties established the Truth Commission for El
Salvador,430 with the mandate to investigate “grave acts of violence that had occurred since
1980, whose impact on society demands, with the utmost urgency, that the public may know
the truth,”431 and to prepare a final report with its conclusions and recommendations of a legal,
political or administrative nature, which could concern specific cases or be of a more general
nature. The parties undertook to comply with the Truth Commission’s recommendations.432
271. Subsequently, “the Nueva York agreement opened the way to obtaining the final
peace,”433 the negotiations culminating during the evening of December 31, 1991, with the
signature of the Act of New York in which the parties acknowledged that they had reached
agreement on all pending aspects and undertook to establish a cease to the armed
confrontation.
272. The final peace agreement that ended the 12-year armed conflict was signed on January
16, 1992, at Chapultepec Castle in Mexico City, D.F. The El Salvador Peace Accord reaffirmed
the need to overcome impunity, by establishing that:
The parties recognize the need to
the part of officers of the Armed
rights is jeopardized. To that end,
consideration and resolution. All of
clarify and put an end to any indication of impunity on
Forces, particularly in cases where respect for human
the Parties refer this issue to the Truth Commission for
this shall be without prejudice to the principle, which the
425
Cf. United Nations. El Salvador Agreements: on the road to peace, 1992 (evidence file, tome IX, annex 6 to the
pleadings and motions brief, folio 5811).
426
Cf. United Nations. El Salvador Agreements: on the road to peace, 1992 (evidence file, tome IX, annex 6 to the
pleadings and motions brief, folio 5806).
427
Cf. United Nations. El Salvador Agreements: on the road to peace, 1992 (evidence file, tome IX, annex 6 to the
pleadings and motions brief, folios 5806 to 5807).
428
United Nations. El Salvador Agreements: on the road to peace, 1992 (evidence file, tome IX, annex 6 to the
pleadings and motions brief, folio 5818).
429
Cf. United Nations. El Salvador Agreements: on the road to peace, 1992 (evidence file, tome IX, annex 6 to the
pleadings and motions brief, folios 5806 to 5807).
430
Cf. United Nations. El Salvador Agreements: on the road to peace, 1992 (evidence file, tome IX, annex 6 to the
pleadings and motions brief, folio 5808).
431
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 1081).
432
Cf. United Nations. El Salvador Agreements: on the road to peace, 1992 (evidence file, tome IX, annex 6 to the
pleadings and motions brief, folio 5808).
433
United Nations. El Salvador Agreements: on the road to peace, 1992 (evidence file, tome IX, annex 6 to the
pleadings and motions brief, folio 5809).
88
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