continuing to feel fear, vulnerability and insecurity.289 The circumstances described reveal the
profound suffering that the next of kin of the executed victims have experienced and that this
has continued for more than 30 years as a result of the impunity in which the facts remain.
201. Based on all the foregoing considerations, the Court concludes that such acts entailed
cruel, inhuman and degrading treatment, contrary to Article 5(1) and 5(2) of the American
Convention, in relation to Article 1(1) of this instrument, to the detriment of the next of kin of
the victims who were executed.
202. Finally, as has been proved,290 soldiers proceeded to set fire to the houses, destroy and
burn the inhabitants’ crops, and kill the animals; consequently, the Court concludes that the
State violated to right to property recognized in Articles 21(1) and 21(2) of the American
Convention, in relation to Article 1(1) of this instrument, to the detriment of the next of kin of
the victims executed in the massacres.
4)
Conclusion
203. As a result of all the above, and based on the inherent nature of massacres, which entail
a complex violation of rights recognized in the American Convention (supra para. 141), the
Court concludes that the State of El Salvador is responsible for the violation of Articles 4, 5(1),
5(2), 21(1) and 21(2) of the American Convention, in relation to Article 1(1) of this instrument,
and, additionally, in relation to Article 19 with regard to the children, to the detriment of the
victims who were executed, listed in Annex “A.” In addition, the State is responsible for the
violation of Article 7 of the American Convention, in relation to Article 1(1) of this instrument, to
the detriment of the victims executed in the village of El Mozote.
204. The State is also responsible for the violation of Articles 5(2) and 11(2) of the American
Convention, in relation to Article 1(1) thereof, to the detriment of the women who were victims
of rape in the village of El Mozote.
205. In addition, the State is responsible for the violation of Articles 5(1), 5(2), 11(2), 21(1)
and 21(2) of the American Convention, in relation to Article 1(1) thereof, and additionally in
relation to Article 19 with regard to the children, to the detriment of the victims who survived
the massacres, listed in Annex “B.”
289
Cf. Sworn statement made by José Eliseo Claros Romero before the Oficina de Tutela Legal del Arzobispado on
July 21, 2011 (evidence file, tome VIII, annex 3 to the pleadings and motions brief, folio 5534); Sworn statement made
by José Gervacio Díaz before the Oficina de Tutela Legal del Arzobispado on June 28, 2011 (evidence file, tome VIII,
annex 3 to the pleadings and motions brief, folio 5545); Sworn statement made by José Cruz Vigil del Cid before the
Oficina de Tutela Legal del Arzobispado on June 19, 2011 (evidence file, tome VIII, annex 3 to the pleadings and
motions brief, folio 5559); Sworn statement made by María Regina Márquez Argueta before the Oficina de Tutela Legal
del Arzobispado on August 2, 2011 (evidence file, tome VIII, annex 3 to the pleadings and motions brief, folios 5586 to
5588); Sworn statement made by María Elena Vigil before the Oficina de Tutela Legal del Arzobispado on July 19, 2011
(evidence file, tome VIII, annex 3 to the pleadings and motions brief, folio 5594); Affidavit provided by Sofía Romero
Pereira on April 1, 2012 (evidence file, tome XVII, affidavits, folio 10282); Affidavit provided by Eduardo Concepción
Argueta Márquez on April 1, 2012 (evidence file, tome XVII, affidavits, folio 10293); Affidavit provided by José Pablo
Díaz Portillo on April 1, 2012 (evidence file, tome XVII, affidavits, folio 10299); Expert opinion provided by María Sol
Yáñez De La Cruz before the Inter-American Court during the public hearing held on April 23, 2012, and Expert opinion
on psychosocial impacts and recommendations for reparations in the case of “The Massacres of El Mozote and nearby
places” provided by María Sol Yáñez De La Cruz, undated (evidence file, tome XVIII, annex 2 to the final written
arguments of the representatives, folio 10537).
290
Sofía Romero Pereira indicated that, in the villages of El Mozote and Los Toriles, in addition to losing their loved
ones, “they lost all the basic grains that they had in their silos, the pigs, the cows, the horses,” also “the crops [and] all
the domestic items and the house itself was completely burned down; in other words, only the land remained.” Affidavit
provided by Sofía Romero Pereira on April 2, 2012 (evidence file, tome XVII, affidavits, folio 10281). José Pablo Díaz
Portillo stated that, about two months after the massacre in Cerro Pando canton, he found the homes of his relatives
burned down. Cf. Affidavit provided by José Pablo Díaz Portillo on April 1, 2012 (evidence file, tome XVII, affidavits, folio
10298).
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