5
However, due to the force of the General Amnesty Law for the Consolidation of
Peace, as well as repeated omissions by the Salvadoran State, these serious events
remain unpunished. To date, the massacres have not been judicially clarified, nor have
any sanctions been established, even when a significant number of perpetrators have
been identified by various sources, including the report of the Truth Commission, ‘From
Madness to Hope’ (De la Locura a la Esperanza.)
As the IACHR stated in its merits report, it is an urgent duty of the State of El
Salvador to settle the historical debt with the memory of the victims, the surviving nextof-kin, and with society at large, who after almost 30 years of the occurrence of the facts,
have not been able to know the truth and to obtain justice through the punishment of
those responsible for these crimes against humanity.
As a result of the above, the IACHR’s offers the following expert declarations on
the mentioned aspects that concern the inter-American public interest, and in
accordance with Article 35(1)( f) of the Rules of Procedure of the Inter-American Court:
1. Expert whose name will be informed soon, who will refer to the context of
armed conflict in El Salvador, especially in the time to which the facts of the case refer.
The testimony will refer to the human rights violations occurring during said time,
including the massive and indiscriminated attacks against the civilian population and the
modus operandi followed under the “tierra arrasada” operations.
2. Michael Reed Hurtado will testify about the General Amnesty Law for the
Consolidation of Peace, its background, scope and effect as a factor in the impunity for
crimes against humanity committed during the conflict by the Salvadoran Armed Forces.
Also, the testimony will refer to attempts at interpretation by the Supreme Court of
Justice, the effects of such interpretations, as well as the internal mechanisms to render
ineffective the abovementioned law.
3. Tal Linda lleen Simmons who will testify about the internationally accepted
parameters to be observed in the conduct of exhumations in cases such as this, as well
as an analysis of the exhumations conducted internally in the light of these standards.
The curricula vitae of the experts proposed by the Inter-American Commission
are attached.
The representatives of the victims in the filing before the Inter-American Court
are the Office of the Legal Guardianship of the Archibishopric (Oficina de Tutela Legal
del Arzobispado) and the Center for Justice and International Law (CEJIL). The
Commission informs the Court that after the notification of Merits Report 177/10, the
representatives provided some details about the list of victims and added the names of
new victims. In accordance with what is stated in the present note about the flexible
criteria of the identification of the victims, the Commission considers that the dimension
and nature of the violations that occurred in this case, people added by the
representatives should also be regarded as victims.
Finally, the Commission informs the Court that the information available about
the representatives is:
Office of the Legal Guardianship of the Archibishopric of San Salvador