26
131.
On March 18, 1992 the Second Court received a letter from the National Army for
Democracy, Third Military Region, indicating that no explosive devices have been found and requesting
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that the implementation of justice be accelerated.
132.
In an annex entitled “Internal Reports of the Tutela Legal of the Archdiocese” it is
indicated that, at a meeting on March 27, 1992 between the Tutela Legal and the judge of the Second
Court, the latter said that he had “higher orders to delay or stall the investigation (...) until the Truth
Commission is installed in the country and takes up the case.” He also said that he had orders from the
President of the Republic, the President of the Supreme Court of Justice, the Prosecutor General and the
Ministry of Defense to the effect that he should not set a date for the exhumations. He added that he had
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once been asked to order dismissal in favor of those implicated.
133.
On March 30, 1992 the Legal Medicine Institute sent to the Second Court information
provided by the Tutela Legal containing the names of three persons proposed to conduct the
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exhumations . On April 22, 1992 the Legal Medicine Institute sent the list of professionals who would be
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in charge of the autopsies related to the case.
134.
In a press release dated April 8, 1992 the Tutela Legal complained of irregularities
committed to date in the investigations and posed specific questions to the government authorities.
Among the irregularities, it cited the following:
On May 8, 1991, when testimonial evidence provided thorough proof of the responsibility
of the Armed Forces, the examining judge temporarily suspended the taking of testimony,
on the grounds that he must devote himself to investigative work such as an inspection of
the premises, exhumations and autopsies. Those procedures were ordered on November
9, 1990, but to date they have not been performed and the taking of testimony is still
suspended with no legal justification.
Once the members of the EAAF were in El Salvador, the judge systematically refused to
set a date for the inspection and exhumation, giving credibility to rumors of minefields in
the El Mozote area, even though local residents declared those rumors false. This has
also been proven by national and foreign press visits to the zone. In addition, there is the
letter signed by the Chief of the Third Military Region of the END/FMLN, reporting that on
March 7, 1992 a mine sweeping exercise was conducted with members of the military
component of ONUSAL, under the peace accords between the Government of El
Salvador and the FMLN of January 16, 1992. That letter stated that “no explosive devices
were found”. Mention is also made of the certification by the Chief of Military Observers
and Commander of the Military Division of ONUSAL, declaring that the zone was
“absolutely mine-free”.
Through communications of June 19, 1991, November 28, 1981, and January 9, 1992,
the examining judge requested the President of the Republic, Alfredo Cristiani, as
Commander-In-Chief of the Armed Forces, to supply the list of soldiers and officers who
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Communication of the National Army for Democracy of March 18, 1992. 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)
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Internal report of the Tutela Legal of March 27, 1992 (Annex B to the petitioners’ communication of November 11,
2002).
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Communication from the Legal Medicine Institute of March 30, 1992. 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)
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Communication from the Legal Medicine Institute of April 22, 1992. Court record (Annex 2 to the petitioners’
submission of July 7, 2006).