206. The State is also responsible for the violation of Articles 5(1), 5(2), 21(1) and 21(2) of
the American Convention, in relation to Article 1(1) thereof, to the detriment of the next of kin
of the victims who were executed, listed in Annex “C.”
207. Lastly, the State is responsible for the violation of Article 22(1) of the 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 persons who were forcibly displaced within El Salvador and
to the Republic of Honduras, listed in Annex “D.” Regarding the victims of this violation, the
Commission indicated that, regarding the people who were displaced from their place of
residence and had to leave the country to seek refuge in the Republic of Honduras, “it is
believed that the real number of victims greatly exceeds the few people individualized by the
evidence in the case file.” The representatives indicated that, in a context of extreme violence in
which enforced displacement was constant, added to the scale of the massacre and the absence
of official records on the origin and destination of the people, it was very difficult to document
the specific circumstances of displacement of each individual affected. In this Judgment, the
Court has described the problems encountered in fully identifying all the survivors and the next
of kin of the victims, and this makes it impossible to know with certainty how many survivors
were displaced in this case. Consequently, the Court can only assess this situation with regard to
those who have proved this condition in these proceedings (supra para. 57). Nevertheless, the
Court places on record that it has sufficient evidence to conclude that there must have been
many other individuals who experienced this situation and, regarding whom, there is no
evidence to identify them adequately in these proceedings.
208. To conclude, the Court considers that, in this case, the international responsibility of the
State is aggravated owing to the context in which the facts of the massacres of El Mozote and
nearby places were perpetrated, which relates to a period of extreme violence during the
Salvadoran internal armed conflict that responded to a State policy characterized by military
counterinsurgency operations, such as “scorched-earth” operations, intended to achieve the
massive and indiscriminate destruction of the villages that were suspected of being linked to the
guerrillas. The foregoing, by implementing the concept of “taking the water away from the fish”
(supra para. 68). Thus, as has been proved, once the extrajudicial executions had been
concluded, the soldiers proceeded to set fire to the people’s homes, belongings and crops and to
kill their animals, which signified the permanent loss of the victims’ possessions and the
destruction of their homes and means of subsistence, causing the enforced displacement from
those places of the survivors. As has been established, entire family units were destroyed, and
due to the very nature of the massacres, this altered the dynamics of the surviving next of kin
and profoundly affected the community’s social tissue. Based on the preservation of the
historical memory and the urgent need to prevent similar events from happening again, the
Court emphasizes that the massacres of El Mozote and nearby places undoubtedly constitute an
exponential example of this State policy, given the scale of the operation and the number of
executed victims recorded.291 In addition, as will be analyzed below, since that time and to date,
there have been no effective judicial mechanisms to investigate the grave human rights
violations perpetrated, or to prosecute and, as appropriate, punish those responsible. All this
results in the aggravated international responsibility of the respondent State.
VIII
RIGHTS TO JUDICIAL GUARANTEES, TO JUDICIAL PROTECTION AND TO FREEDOM OF
THOUGHT AND EXPRESSION, IN RELATION TO THE OBLIGATION TO RESPECT AND
GUARANTEE RIGHTS AND THE RESPONSIBILITY TO ADOPT PROVISIONS OF DOMESTIC
LAW AND ARTICLES 1, 6 AND 8 OF THE INTER-AMERICAN CONVENTION TO PREVENT
AND PUNISH TORTURE AND 7(B) OF THE CONVENTION OF BELÉM DO PARÁ
209. The Court will now analyze the criminal proceedings initiated with regard to the facts of
this case as a result of the complaint filed on October 26, 1990, in order to determine whether
this has constituted an effective remedy to guarantee the rights of access to justice, to know the
291
Cf. Report of the Truth Commission for El Salvador, From madness to hope: the 12-year war in El Salvador,
1992-1993 (evidence file, tome II, annex 1 to the submission of the case, folio 1101).
66
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