health care center in a place accessible for most of the villages, with adequate personnel and
conditions, that can provide medical, psychological or psychiatric care to the people who have
been affected and who require this type of treatment in keeping with paragraphs 350 to 353 of
the Judgment; (d) construction of a school in a place accessible for most of the villages, and (e)
construction of a center for the elderly.
340. The State must implement the development program within five years of notification of
this Judgment.
b)
Provide adequate conditions for the victims who are still displaced to return
to their place of origin
341.
The Commission did not present any request in this regard.
342. The representatives indicated that the only way to repair, in part, the suffering to which
the victims have been submitted owing to their enforced displacement is to offer them the
possibility of returning to their place of origin. In this regard, they affirmed that, for this return
to provide true reparation, it must be the result of an individual voluntary decision by each of
those affected, adopted without coercion and based on sufficient and adequate information.
According to the representatives, this measure must include, at least, the following components:
(a) guarantee of the physical security of those who return; (b) establishment of a monitoring
mechanism during and after their return by independent entities; (c) establishment of
mechanisms for the restitution of property, taking into account both codified law and traditional
property norms; (d) Restitution of documentation to those who return without discrimination or
delay, and (e) guarantee of access of those who return, without any discrimination, to public
services, means of subsistence, and income-generating activities. In addition, they mentioned
the reconstruction of the homes and the creation of a favorable economic and social
environment upon their return. Similarly, they stated that “[t]he measures regarding the
recovery of property and homes and access to public services, means of subsistence, and
income-generating activities should also cover those individuals who were displaced and who
were able to return on their own.”
343. The State expressed its willingness to accept and take measures to create the conditions
for the return of those who remain displaced, within the reasonable time required by the nature
of such measures.
344. The evidence presented in this case reveals that most of the victims who survived the
massacres displaced from their places of origin to other municipalities and even outside El
Salvador, losing their homes and, in some cases, their crops, possessions, farm animals and
livestock during the massacres and the displacement (supra paras. 175 and 183). As
determined, some of the displaced victims have returned to their place of origin, while others
have not yet returned and, in some cases, there is no information on their current location
(supra paras. 189 and 190).
345. In order to contribute to the reparation of the victims who were forcibly displaced from
their communities of origin; namely, the village of El Mozote, the canton of La Joya, the villages
of Ranchería, Los Toriles, and Jocote Amarillo, and the canton of Cerro Pando, the Court orders
that the State must guarantee adequate conditions so that the displaced victims can return to
their communities of origin permanently, if they so wish. If these conditions do not exist, the
State must provide the necessary and sufficient resources to enable the victims of enforced
displacement to resettle in similar conditions to those they had before the events, in the place
that they freely and willingly indicate within the department of Morazán, in El Salvador. The
Court recognizes that the State’s compliance with this measure of reparation entails, in part,
that the beneficiaries indicate their intention of returning to their places of origin in El Salvador.
Therefore, the Court establishes that, within two years of notification of this Judgment, the State
and the beneficiaries should reach the pertinent agreement in order to comply with what the
Court has ordered if the forcibly displaced victims identified in Annex “D” of this Judgment wish
109
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos