4
continuity of the exhumation, identification and return of the remains
of those victims in accordance with the desires of their families. This
mechanism must also facilitate the complete identification of the
relatives of the executed victims, so that they can be eligible for the
reparations called for in the previous recommendation;
c)
Render ineffective the General Amnesty Law for the Consolidation of
Peace as it prevents the investigation, trial and sanction of those
responsible for human rights violations and the rights of victims to
truth, justice, and reparation. Also, any other de jure or de facto
obstacles, such as judicial or investigative practices, must be
eliminated;
d)
Regardless of the above, the State should proceed immediately to
investigate in an impartial, effective manner and within a reasonable
time with the purpose to establishing the facts in a complete form,
identify the intellectual and material authors and impose the
sanctions that correspond. In the immediate fulfillment of this
obligation, the Salvadorian authorities cannot invoke the validity of
the General Amnesty Law for the Consolidation of Peace;
e)
Take the corresponding administrative, disciplinary or criminal actions
to sanction the actions or omissions of the State officials who
contributed to the denial of justice and the impunity in which are the
facts of the case or who participated in actions to hinder the
processes designed to identify and punish those responsible; and
h) Take the measures necessary to prevent similar events in the future,
in observance of the duty to respect and guarantee human rights
recognized in the American Convention. In particular, implement
permanent programs on Human Rights and International
Humanitarian Law in the Armed Forces Training Schools.
The violations that occurred in this case affect the inter-American public interest
and continue to date due to the generalized impunity of the acts.
The IACHR concluded in Report 177/10 that the Massacres of El Mozote and
neighboring locations were committed precisely during the cruelest period of the wrongly
denominated “counterinsurgency” operations performed by the Salvadorian army, in a
massive way, against civilians during the armed conflict, and in open disregard of the
most basic principles underlying the International Law of Human Rights and International
Humanitarian Law.
These massacres were committed indiscriminately and with extreme cruelty, to a
regrettable balance of approximately 1,000 people, including an alarming number of
children. The systematic and generalized nature of those actions, the purpose of which
was to sow terror among the population, has been recognized on several occasions, and
it may be concluded that the massacres constituted one of the most aberrant
manifestations of crimes against humanity committed at that time by the Salvadoran
military.