4
rights, especially when those abuses originated with the State.” According to the petitioners, the judge
handling the case unjustifiably delayed such actions as inspecting the scene of the crimes, taking
testimony, and exhuming the victims’ remains, on the grounds that the area was rendered unsafe by
landmines.
16.
Moreover, according to the petitioners, the President of the Supreme Court of Justice of
the time interfered arbitrarily in the proceedings, publicly declaring that the demands for inspections and
exhumations at the site of the massacres were politically motivated. Other senior officials, including the
President of the Republic and the Minister of National Defense, General René Emilio Ponce, exerted
improper pressure on the examining judge. The then-President of the Republic and Commander-in-Chief
of the Armed Forces, Alfredo Cristiani, refused to provide key information during the criminal
investigation, specifically on the military operations conducted in December 1981, and the roster of
soldiers attached to the units involved. The examining judge, it is claimed, declared that he was under
pressure from senior officials to postpone the date of the exhumations and to dismiss the case by virtue
of the amnesty law.
17.
The petitioners argue that, in effect, application of the LAGCP produced impunity and
nullified judicial guarantees and protection. Despite repeated appeals to the Second Court of First
Instance of San Francisco Gotera, it was not possible to obtain the file, despite the fact that in October
2000 the Supreme Court of Justice, in its ruling on an appeal for nullity against the LAGCP, opened a
window for the relatives of the victims to seek justice in this case.
18.
In the context of the massacre, the petitioners allege that at least 16 children under the
age of 15 were the victims of forced disappearance. “While it is true”, say the petitioners, “ that the
Salvadoran State has not ratified the Inter-American Convention on the Forced Disappearance of
Persons, that Convention may be used as an instrument of interpretation in this case, as its article II
defines the concept of forced disappearance”. They add that there is valid proof that at the time of the
massacre there was a pattern of forced disappearance of children in areas deemed to be conflict zones in
El Salvador.
19.
In general terms, the petitioners argue that the State failed to fulfill its obligations under
article 1 of the Convention, as it did not prevent the deeds nor offer any measures of reparation, and it did
not guarantee the right to the truth through a full, exhaustive, public and impartial judicial process. They
maintain that “the right to the truth entails a dual aspect of protection: it is an individual right for the victims
and their relatives, which offers an important way of repairing the damage suffered when there is a
violation; and it is a collective right of all society, as an important instrument for preventing future
violations, while contributing to the development of democratic systems”. The State, they allege, took no
steps to protect the civilian population; on the contrary, it incited, condoned and carried out the murder of
hundreds of people, whose deaths were preceded by serious violations of human rights.
20.
Finally, the petitioners argue that the State violated article 2 of the American Convention
by promulgating and applying the LAGCP of March 20, 1993, the objective of which was “to guarantee
impunity of State agents involved in the criminal deeds committed during the armed conflict”, and in
particular in criminal proceedings concerning the massacre at El Mozote and vicinity. Application of the
amnesty law in this case was an impediment to the investigation, trial and punishment of those who
planned and carried out the massacre, as well as to any possibility for reparations, and thus jeopardized
the entire peace process and true national reconciliation.
B.
The State
21.
The Salvadoran State has rejected, in general terms, the allegations of the petitioners
with respect to violation of various provisions of the American Convention.
22.
It argues that, pursuant to article 1.1 of the Convention, it took the steps necessary to
guarantee enjoyment and exercise of fundamental rights by Salvadoran society, during and after the
armed conflict. As proof it points to “the peace accords signed during the dialogue for consolidation of