because it concerns massive or collective violations, the Tribunal shall decide whether to
consider those individuals as victims,” and since the State did not oppose the inclusion of
persons other than those indicated by the Commission as presumed victims, it determined
that the universe of presumed victims would be constituted by those persons identified and
individualized by the Commission in its lists attached to the merits report and/or by the
representatives in their lists attached to the brief with final arguments.
26.
In this regard, it should be recalled that the lists of presumed victims and next of kin
provided by the Commission and the representatives differed, inasmuch as the
representative’ lists included more people that those of the Commission and the latter
included names that did not appear on the former. In addition, the said lists contained
inconsistencies with regard to the names, ages, relationships, and location of the persons
mentioned as survivors and displaced. 16
27.
In view of the foregoing, during the public hearing held in this case, the Commission
and the representatives were expressly asked to provide information on this point and were
given the opportunity to include any information and documentation they considered
pertinent with their final written observations and arguments, respectively. 17 The Court took
into account the answers provided when deciding this matter. In addition, the Court
specifically asked the representatives to explain the meaning of the word “location” that
appeared on its lists of victims; in other words, whether this word referred to the origin of
the victims, or to the place where they were presumably executed; to which they responded
that it referred “to the specific location in which the victims were executed.” 18 Even though
the representatives had several procedural opportunities to incorporate the documentation
and information they considered pertinent, it was only now, in their request for
interpretation that they forwarded the annexes entitled “Map identifying the area affected
by the massacre” and “Map of the municipality of Arambala.” In this regard, it should be
noted that: (a) this information was forwarded for the first time with the request for
interpretation; (b) it does not refer to supervening facts, and (c) no arguments of force
majeure or grave impediment were presented in this regard. In other words, the evidence
was not presented at the opportune procedural stage of the proceedings on merits. It is also
pertinent to point out that, owing to the condition in which they were provided, it is not
possible to verify whether these maps correspond to the period when the facts of the case
took place.
28.
Now, in order to make a clear determination of the victims of the human rights
violations established in the Judgment, the Court took into consideration the description of
the proven facts in the places in which the massacres were perpetrated, as established in
the Commission’s Merits Report and by the evidence provided by the parties and the
Commission up until that time during the proceedings. Indeed, in its Merits Report, the
Commission described, among the facts of the case and under the heading “The
massacres,” that “[t]he village of El Mozote, the canton of La Joya, the villages of
Ranchería, Los Toriles and Jocote Amarillo, and the canton of Cerro Pando, places in which
the facts of this case occurred, are located in the jurisdiction of Meanguera, in the northern
part of the department of Morazán, El Salvador.” 19
16
Cf. Case of the Massacres of El Mozote and nearby places v. El Salvador. Merits, reparations and costs.
Judgment of October 25, 2012 Series C No. 252, para. 52.
17
Cf. Case of the Massacres of El Mozote and nearby places v. El Salvador, para. 45.
18
Cf. Case of the Massacres of El Mozote and nearby places v. El Salvador, para. 47.
19
IACHR, Merits Report No. 177/10, November 3, 2003, para. 50.
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