24
arrive and took hiding while they carried out the killings. The bodies were buried in the same places
121
where the massacre took place.
120.
Between October 30, 1990 and August 21, 1992, statements were received from Juan
Bautista Márquez, Rufina Amaya Amaya, Irma Ramos Márquez, Pedro Chicas Romero, Hilario Sánchez
Gómez, María Teofila Pereira, Bernadino Guevara Chicas, Lucila Romero Martínez, Domingo Vigil
Amaya, Rosa Ramírez Hernández, Eustaquio Martínez Vigil, Genaro Sánchez, Sotero Guevara Martínez,
122
Raquel Romero Claros Viuda de Claros, Anastacio Pereira Vigil and Lidia Chicas Mejía .
121.
On November 9, 1990, the judge hearing the case ordered some investigative
123
measures . Although the prosecutor for the case had requested that the executive power be
subpoenaed to provide information on the commanders and officers in charge of the military operations of
December 1981 in the zone, the judge decided at that time:
To dismiss the request because the record does not indicate that it was members of the national
army who participated in the crime under investigation, as the green uniform is used both by
members of the national army and by members of the FMLN, nor is there sufficient proof in the fact
that the witnesses and the plaintiff say the soldiers told them they were from the Atlacatl Battalion,
since such a statement could have been made by members of terrorist groups passing themselves
124
off as soldiers of the national army.
122.
On May 8, 1991 the judge of the Second Court issued a decision to the effect that he had
125
received sufficient evidence and was suspending the taking of evidence for that reason .
123.
On June 19, 1991, notification was sent to the President of the Republic and Commander
in Chief of the Armed Forces requesting the names of the commanders and officers in charge of an
operation conducted on December 10, 1981 in Meanguera, Department of Morazán, and specifically in
the places where various persons were killed, allegedly at the hands of members of the Armed Forces,
those places being the villages of El Mozote, Los Toriles and Jocote Amarillo, the canton of Guacamaya,
126
and the townships of La Joya and Cerro Pando.
124.
On that same day notification was sent to the Director of the Legal Medicine Institute and
the Head of the Executive Unit of the Crime Investigation Commission, requesting their collaboration in
the exhumation and autopsy of various persons for an event that took place on December 10, 1981 in
127
those same locales.
121
Complaint filed by Pedro Chicas Romero before the Second Court on October 26, 1990 (attached to the initial petition
of October 30, 1990). This complaint was also mentioned in the IDHUCA report, op. cit.
122
Court record. (Annex 2 to the petitioners’ communication of July 7, 2006).
123
Communication from the State received May 29, 1992.
124
Decision of the Second Court, November 9, 1990. Court record (Annex 2 to the petitioners’ communication of July 7,
2006).
125
Decision of the Second Court, May 8, 1991. Court records (Annex 2 to the petitioners’ communication of July 7, 2006).
The Tutela Legal declared the reasons for the suspension unsatisfactory, as evidence could perfectly well be taken while other
investigative measures were being pursued. In response, the judge said that the suspension was temporary and that as soon as the
inspection and exhumations were completed other witnesses and victims could give statements. However, criminal proceedings
were in fact halted for a year, as the taking of testimony was suspended and the inspections began only on May 27, 1992. See
Tutela Legal, op. cit.
126
Communication of the State received May 29, 1992; unnumbered letter sent to the President of the Republic on June
19, 1991. Court record (Annex 2 to the petitioners’ submission of July 7, 2006); and decision of the judge of the Second Court of
September 27, 1993 (attached to the communication from the State of October 14, 1993).
127
Communication of the State received May 29, 1992; unnumbered letter to the Director of the Legal Medicine Institute
and the Executive Unit of the Crime Commission, June 19, 1991. Court record (Annex 2 to the petitioners’ submission of July 7,
2006); and decision of the judge of the Second Court of September 27, 1993 (attached to the communication from the State of
October 14, 1993).