3
facilitating the entry into the region of the paramilitary groups, but they also failed to
assist the civilian population during the incursions, leaving them totally defenseless. This
collaboration between paramilitary groups and State agents resulted in the violent death
of 19 inhabitants of La Granja and El Aro."
8.
In addition, in this judgment, the Court determined the existence of
aggravating circumstances in the human rights violations of which the inhabitants of
La Granja and El Aro, who experienced intense suffering, were victims, owing to the
context of “a pattern of similar massacres” (para. 278). The Court also determined
the “aggravated responsibility” of the defendant State based on the fact that the
victims included children (para. 246). These factors lead me to the following personal
reflections, which, as I have already said, are related to this case, but go beyond it,
and perhaps can support the future work of the Court when it hears other cases
relating to massacres.
II.
The different manifestations of human cruelty in the execution
of State policies
9.
In this Court, we have already heard about every kind of cruelty (or, at least,
we think so), and this leads us to infer, with profound concern, the unlimited
imagination of the human being to perform evil deeds against his fellow men in the
name of State policies. We have heard of young people thrown alive out of aircraft or
helicopters into the sea and then transformed into “disappeared” by the “intelligence
[sic] 5 and security forces.” We have heard of entire rural populations exterminated
after their land has been “razed” in implementation of State “counterinsurgency”
policies (cf. infra). We have heard of systematic summary and extrajudicial
executions by State security forces in “social cleansing” operations. We have heard
of the systematic practice of different forms of torture, also in implementation of
State security policies.
10.
We have heard, in the so-called fight against terrorism, of State terrorism.
We have heard of State security forces hiding the mortal remains of victims, and
refusing to hand over these mortal remains to the victims’ next of kin. We have
heard of the cruelty of State security forces obliging the surviving next of kin of
victims to coexist with the perpetrators.
11.
In situations of armed conflict, we have heard of the systematic practice of
the abduction or kidnapping of defenseless children by the State’s armed forces 6 and
the consequent disintegration of the family. We have heard of indescribable
humiliations imposed by State agents on those who are tortured and isolated, totally
destroying their self-esteem, their ability to relate to others, and their dignity as
human beings. We have heard of official State policies for the deliberate destruction
of the cultural identity of entire groups or populations.
5
.
The mere use of the term “intelligence” in official State communiqués is an insult to human
intelligence.
6
.
For reports in this respect, cf. Asociación Pro-Búsqueda de Niñas y Niños Desaparecidos, Historias
para Tener Presente, San Salvador, UCA Edit., 2002, pp. 11-235; Asociación Pro-Búsqueda de Niñas y
Niños Desaparecidos, El Día Más Esperado - Buscando a los Niños Desaparecidos de El Salvador, San
Salvador, UCA Edit., 2005, pp. 11-309.