read “the Atlacatl Battalion was here.”239 Hilario Sánchez Gómez, whose home was in the village
of El Potrero, in the canton of La Joya, stated that, after he had been in hiding for six days on
the hill known as El Perico, and when “everything was calm, some of those who had been on the
hill went down to the village where they lived, but found all their homes destroyed by fire”;240 he
also “found [his] home destroyed by fire, as well as his corn crop.”241 María Amanda Martínez
stated that, in the village of La Joya, “they murdered the neighbors who remained in their
homes […], and they also killed the domestic animals (pigs, cats, hens, etc.).”242 Bernardino
Guevara Chicas, whose home was in the canton of Cerro Pando, testified that the soldiers
arrived at his house “and one of them told him to vacate the house immediately and that if he
didn’t obey, he would be shot with a bazooka”; therefore, he “chose to leave with his family
[and went] to a friend’s house […] and soon after he started walking [he] turned to look at [his]
house which was already in flames.”243 Rosa Ramirez Hernández indicated that, in El Mozote,
she “saw the remains of children [and] adults, burned, inside the homes, and the homes were
also burned down”; she also saw “that the soldiers were setting fire to the houses in La Joya
with cans of fuel.”244 Irma Ramos Márquez, who had a house in the village of La Ranchería,
stated that she saw that the “house of Vicente Márquez was in flames” and that “they killed six
[of her] cows.”245
178. Similarly, several sworn statements made before the Oficina de Tutela Legal del
Arzobispado confirm the said violations. Rufina Amaya testified that, in the village of El Mozote,
the soldiers of the Atlacatl BIRI “made everyone leave their homes and the village store […]
made them all lie face down on the ground […]; then the soldiers told them that they were going
to search them, removing their rings, chains, money and other items they had on them. When
the soldiers had finished stealing everything that the people had with them, they ordered
everyone to shut themselves in their homes and kept watch over them.” The following day,
“when [the soldiers had] finished killing all the adults, […] they set fire to the chapel, and the
homes of Isidra Claros, José María Márquez and Israel Márquez, [which] were full of dead
people.” Then, on December 12, 1981, she “saw smoke rising from the houses in the cantons of
La Joya [and] Cerro Pando.” That same day, “the soldiers set off for the canton of Guacamaya,
the village of Jocote Amarillo […], and then at about 3 p.m., the soldiers returned with animals
such as hens, cows and pigs from that place, perhaps for food.”246 Alejandro Hernández Argueta
recounted that, at the age of 11, he was living in the village of Jocote Amarillo when the
massacre took place and that, being unable to find his mother, he went to his home which “was
already in flames, [because] all the homes had been set on fire.”247
179. The Court’s case law has developed a broad definition of property that covers, among
others aspects, the use and enjoyment of property, defined as material items that can be
239
Victim statement made by Pedro Chicas Romero before the Second First Instance Court of San Francisco Gotera
on October 31, 1990 (evidence file, tome III, annex 23 to the submission of the case, folio 1671).
240
Witness statement made by Hilario Sánchez Gómez before the Second First Instance Court of San Francisco
Gotera on November 28, 1990 (evidence file, tome III, annex 23 to the submission of the case, folios 1695 to 1697).
241
Victim statement made by Hilario Sánchez Gómez before the Second First Instance Court of San Francisco
Gotera on February 14, 1991 (evidence file, tome III, annex 23 to the submission of the case, folio 1725).
242
Witness statement made by María Amanda Martínez before the Second First Instance Court of San Francisco
Gotera on January 23, 1991 (evidence file, tome III, annex 23 to the submission of the case, folio 1704).
243
Witness statement made by Bernardino Guevara Chicas before the Second First Instance Court of San Francisco
Gotera on January 23, 1991 (evidence file, tome III, annex 23 to the submission of the case, folios 1706 to 1707).
244
Witness statement made by Rosa Ramírez Hernández before the Second First Instance Court of San Francisco
Gotera on January 30, 1991 (evidence file, tome III, annex 23 to the submission of the case, folio 1719).
245
Witness statement made by Irma Ramos Márquez before the Second First Instance Court of San Francisco
Gotera on October 31, 1990 (evidence file, tome III, annex 23 to the submission of the case, folio 1668).
246
Sworn statement made by Rufina Amaya before the Oficina de Tutela Legal del Arzobispado on October 10,
1990 (evidence file, tome II, annex 20 to the submission of the case, folios 1574, 1576 and 1577).
247
Sworn statement made by Alejandro Hernández Argueta before the Oficina de Tutela Legal del Arzobispado on
August 3, 2011 (evidence file, tome VIII, annex to the pleadings and motions brief, folio 5573).
57
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