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Mozote. In various statements, the surviving males declared that they had left their spouses and young
children behind, assuming that they would not be harmed.
270.
The Commission considers that the loss of loved ones in circumstances such as those
described in this report is sufficient to infer suffering incompatible with article 5.1 of the American
Convention. In addition, the Commission has information on particular circumstances that, by the nature
of the facts, the surviving relatives must have suffered during and after the massacres. That information is
based on statements received by the Tutela Legal in 1992, testimony given before the Second Court in
the course of judicial proceedings, and interviews prior to the exhumations conducted in 1992, 2000,
2001 and 2003. From those sources of information, already described in detail in the Evidence section, it
is possible to identify a number of elements that exemplify the experience of the surviving relatives.
271.
On one hand, many surviving relatives took hiding in the bush, near the place where the
massacres occurred. Thus they could hear and in some cases see the brutal manner in which their
relatives, neighbors and acquaintances were massacred by the soldiers. In several statements the
surviving relatives said they had listened helplessly to the shooting and the cries for help, and watched
the cloud of smoke unleashed by the use of firearms and the burning of houses.
272.
As well, in the majority of declarations the surviving relatives said they stayed for several
hours and even days in the bush, in the hope of avoiding attack, and that once they saw that the soldiers
had withdrawn they returned to the scene where their relatives and neighbors had been, finding in most
cases the lifeless bodies of their loved ones, piled up, burned and in some cases mutilated, dismembered
or eaten by animals. Under these circumstances, various surviving relatives described the manner in
which they identified some of the bodies and buried them whenever possible. According to statements,
various surviving relatives who had family members and friends in the different villages and townships in
which the massacres took place wandered from one place to the next in search of their bodies. Other
statements indicate that various surviving relatives stayed for many days roaming about the bush, some
with small children, suffering hunger and cold and in constant fear of being found by the soldiers. To this
must be added the total destruction of their houses and means of livelihood, which must necessarily have
increased the pain, the fear, the impotence and the feeling of absolute helplessness that the surviving
relatives had to experience.
273.
In addition to this picture, and as examined in detail below, all the massacres have gone
unpunished, and as yet the facts have not been clarified, the persons responsible have not been
identified and prosecuted, and no measures of reparation have been taken. Thus, it is reasonable to infer
that with the passage of time the cover-up, the inaction and the indifference that have characterized the
stance of the Salvadoran authorities have aggravated the severe mental and moral suffering of the
surviving relatives.
274.
By virtue of the foregoing considerations, the Commission concludes that the State of El
Salvador is responsible for violating the right to mental and moral integrity enshrined in article 5.1 of the
American Convention, in concordance with the obligations established in article 1.1 thereof, to the
detriment of the surviving relatives who are named in the list attached to this report.
G.
The right to freedom of movement and residence (article 22 of the American
Convention in relation to article 1.1 thereof)
275.
Article 22.1 of the American Convention establishes:
1. Every person lawfully in the territory of the State party has the right to move about in it and to
reside in it subject to the provisions of the law.
276.
Article 1.1 of the American Convention indicates:
The States Parties to this Convention undertake to respect the rights and freedoms recognized
herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those