however, from the village of Mazala, Joateca jurisdiction, he visited his land to see in what
condition it was.”274
191. In this regard, the State did not provide any information on the measures it had adopted
to ensure the conditions for the return of both the internally displaced people and those who had
been obliged to go to Honduras in search of refuge. Moreover, although the State had contested
their credibility (supra para. 17), the different reports provided by the representatives all
confirm that, in 1985, the National Commission for Assistance to Displaced Persons in El
Salvador (CONADES) and the National Commission for the Restoration of Areas (CONARA) were
both operating, together with other initiatives of the State itself, the Church, or international and
non-governmental organizations, to provide opportunities for repatriation, resettlement and
assistance to the displaced. At the same time, these reports mention two issues that were a
factor in preventing many people from seeking assistance or fearing to ask for help from the
State programs; on the one hand, that CONADES and CONARA were controlled by or had
connections to the army275 and, on the other hand, that CONADES operated under a registration
system,276 by which access to certain information was required that “was extremely sensitive” in
the context of the Salvadoran internal armed conflict.277
192. The lack of evidence to contest the ineffectiveness of the State programs, together with
the testimony of those displaced as a result of the massacres, allow the Court to conclude that
the State has not adopted sufficient and effective measures to guarantee to the persons forcibly
displaced as a result of the massacres of El Mozote and nearby places a dignified and safe return
to their usual places of residence, or voluntarily resettlement in another part of the country.
193. In the instant case, and as can be inferred from the testimony received, it has been
proved that situations of mass displacement occurred caused precisely by the armed conflict and
the lack of protection suffered by the civilian population because it was equated with the
guerrilla and also, in the instant case, as a direct consequence of the massacres that occurred
between December 11 and 13, 1981, and the accompanying circumstances, which have also
been verified, of this being part of a State scorched earth policy; all of which meant that the
survivors were obliged to flee their country, seeing their life, safety or freedom threatened by
the generalized and indiscriminate violence. The Court concludes that the State is responsible for
the conduct of its agents that caused the enforced displacement internally and to the Republic of
Honduras. In addition, the State did not provide the conditions or means that would allow the
survivors to return in a dignified and safe manner. As this Court has established previously, the
lack of an effective investigation of acts of violence can encourage or perpetuate enforced
displacement.278 Consequently, the Court finds that, in this case, the freedom of movement and
274
Affidavit provided by Juan Antonio Pereira Vigil on April 2, 2012 (evidence file, tome XVII, affidavits, folios
10289 to 10291).
275
Cf. New Issues in Refugee Research. International Center for Research on Women, Working paper No. 25:
Conflict, Displacement and reintegration: household survey evidence from El Salvador, July 2000 (evidence file, tome X,
annex 9 to the pleadings and motions brief, folio 6476); Uprooted: The displaced people of Central America, British
Refugee Council Publication, March 1986 (evidence file, tome XI, annex 19 to the pleadings and motions brief, folios
7031 s 7032); U.S. Committee for Refugees. Aiding the Desplazados of El Salvador: The complexity of Humanitarian
Assistance (evidence file, tome XIII, annex 27 to the pleadings and motions brief, folios 8653, 8654, 8657 and 8658),
and Lawyers Committee for International Human Rights and Americas Watch, El Salvador´s other victims: the war on
the displaced (evidence file, tome XIV, annex 28 to the pleadings and motions brief, folios 8747 and 8768). Similarly,
Expert opinion provided by affidavit by Father David Blanchard on April 15, 2012 (evidence file, tome XVII, affidavits,
folios 10346 to 10347).
276
Cf. Uprooted: The displaced people of Central America, British Refugee Council Publication, March 1986
(evidence file, tome XI, annex 19 to the pleadings and motions brief, folio 7032), and Lawyers Committee for
International Human Rights and Americas Watch, El Salvador´s other victims: the war on the displaced (evidence file,
tome XIV, annex 28 to the pleadings and motions brief, folios 8747, 8797 and 8798).
277
Cf. Expert opinion provided by affidavit by Father David Blanchard on April 15, 2012 (evidence file, tome XVII,
affidavits, folios 10346 to 10347).
278
Cf. Case of the Barrios Family v. Venezuela, para. 165, and Case of Vélez Restrepo and family members v.
Colombia, para. 220.
62
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