Forces officers, and to negotiate the extradition of one of the accused officers. In addition, the
proceedings had been characterized by long periods of inactivity. Consequently, the
representatives asked the Court to declare that the State of El Salvador had incurred in
unjustified delay in the investigation of the facts concerning the massacres of El Mozote and
nearby places and, thus, had violated the rights contained in Articles 8 and 25 of the American
Convention.
255. The Court observes that both the representatives and the Commission have indicated
that, during the course of the investigations, State authorities incurred in a series of acts or
omissions that have constituted a lack of due diligence and a denial of justice. The Court has
verified that an assessment of the judicial case file and other documents in the body of evidence
lead to the conclusion that, during the three years that the investigation remained open prior to
the dismissal of the case in application of the Law of General Amnesty for the Consolidation of
Peace, a series of factual obstacles arose that have prevented the effective investigation,
prosecution and punishment, as appropriate, of those responsible.
256. First, the evidence in the instant case reveals that, although the testimony of some
victims and witnesses was presented to the court (supra para. 212), judicial inspections and
exhumations were performed (supra paras. 227 and 230 to 238), and an official communication
was sent to the President and to the Minister of National Defense (supra para. 214), which
confirms some investigative activity by the authorities responsible for conducting the
investigations, all the measures that should have been taken in order to identify the possible
authors of the events and, if appropriate, bring charges against them were not taken. In other
words, the State was not diligent in gathering evidence that could identify those involved. The
Court observes that, according to the proven facts, at least 1,000 to 1,500 soldiers took part in
the perpetration of the massacres (supra para. 84), without counting other perpetrators,
masterminds or participants. In addition, no measures were taken to inspect newspaper archives
that might have provided information on those who participated in the military operations
carried out in the place and on the date of the events, and did not incorporate into the
investigations the corresponding sections of the report of the Truth Commission for El Salvador
that indicate the names of some of the soldiers who took part in the operations.402 Indeed, both
the March 1993 report of the Truth Commission403 and the investigations conducted by Tutela
Legal del Arzobispado, which were made public in 1992,404 copies of which were provided to the
case by Tutela Legal del Arzobispado in 2006,405 named the military units that participated in the
operations, and also provided the names of some of the authorities in charge of them,
permitting a list of participants in the massacres to be established, especially those that were in
decision-making positions; however, this information was not used in any line of investigation
and no member of the Armed Forces was indicted and summoned to testify.
257. In cases such as this, the Court has considered that the authorities in charge of the
investigation have the obligation to ensure that, during the course of the investigation, they
assess the systematic patterns that permitted the perpetration of grave human rights
violations.406 In order to guarantee its effectiveness, the investigation must be conducted taking
into account the complexity of this type of event, which occurred within the framework of
402
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, folios 2011 to 2018 and 2023).
403
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, folios 1196 to 1197 and 1201).
404
Cf. Report of Tutela Legal del Arzobispado entitled “Ejecución Masiva de Personas (arbitrarias and sumarias) en
los caseríos El Mozote, Ranchería and Jocote Amarillo del cantón Guacamaya, en los cantones La Joya y Cerro Pando, del
Municipio de Meanguera y en caserío Los Toriles del Municipio Arambala, todos del Departamento de Morazán por tropas
del BIRI Atlacatl durante operativo militar – los días 11, 12 and 13 de diciembre 1981; hechos conocidos como ‘Masacre
de El Mozote’” of July 23, 1992 (evidence file, tome II, annex 9 to the submission of the case, folios 1463 to 1535).
405
Cf. Brief of the Oficina de Tutela Legal del Arzobispado de San Salvador of November 23, 2006 (evidence file,
tome XI, annex 17.1 to the pleadings and motions brief, folios 6929 to 6999).
406
Cf. Case of the La Rochela Massacre v. Colombia. Merits, reparations and costs. Judgment of May 11, 2007.
Series C No. 163, para. 156, and Case of the Río Negro Massacres v. Guatemala, para. 194.
84
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