schedule was full that week.310 Consequently, the said measures were suspended until a future
date311 (infra para. 230).
216.
No measures were taken between July 19 and November 19, 1991.
217. On November 20, 1991, the trial judge, “[b]efore proceeding with the exhumations
requested by the prosecution,” and “being aware […] that the areas where the corpses are
supposedly located is one of the most problematic areas in the Republic, and that it has been
declared that the area is mined,” which signified “a serious risk” for the different authorities and
other persons who would attend this procedure, decided to request: the Minister of Defense to
provide information, as soon as possible, “on the conditions of the place where the events
referred to in this case occurred, in relation to a risk of mines or confrontations and whether the
security agencies can provide adequate protection.” In addition, he asked the national and
international Red Cross to provide the necessary protection to comply with the exhumations and
the Director of the Institute of Forensic Medicine to take the necessary measures to provide the
medical and paramedical personnel and scientific experts required to comply with the
measures.312 Thus, the trial judge exchanged communications with the Director of the Institute
of Forensic Medicine on November 25 and December 19, 1991, 313 with the Executive Director of
the ICRC on November 25, 1991,314 with the Minister of Defense on November 25, 1991, and
January 9, 1992,315 and with the Head of the Executive Unit of the Criminal Investigations
Commission on November 25, 1991.316
218. On November 25, 1991 the prosecution indicated that “[t]he area where the measures
ordered must be carried out […] is known to be mined and, also, that it is a problematic area
owing to the armed confrontations that occur there” and requested, among other matters, that
“a communication be sent to the Ministry of Defense and Public Security requesting that it
proceed “to sweep the mines” in the area.”317 In response, on November 28, 1991, the trial
judge declared the prosecution’s request inadmissible, confirming the decision of November 20,
1991318 (supra para. 218).
310
Cf. Communication of the Director of the Institute of Forensic Medicine, addressed to the Second First Instance
Judge of San Francisco Gotera, of July 16, 1991 (evidence file, tome III, annex 23 to the submission of the case, folio
1785).
311
Cf. Decision issued by the Second First Instance Court of San Francisco Gotera on July 18, 1991 (evidence file,
tome III, annex 23 to the submission of the case, folio 1786).
312
Cf. Decision issued by the Second First Instance Court of San Francisco Gotera on November 20, 1991
(evidence file, tome III, annex 23 to the submission of the case, folios 1787 to 1788).
313
Communication of the Second First Instance Judge of San Francisco Gotera, addressed to the Director of the
Institute of Forensic Medicine, of November 25, 1991 (evidence file, tome III, annex 23 to the submission of the case,
folio 1792), and Communication of the Director of the Institute of Forensic Medicine addressed to the Second First
Instance Court of San Francisco Gotera on December 9, 1991 (evidence file, tome III, annex 23 to the submission of the
case, folio 1803).
314
Cf. Communication of the Second First Instance Judge of San Francisco Gotera, addressed to the Executive
Director of the International Committee of the Red Cross, of November 25, 1991 (evidence file, tome III, annex 23 to
the submission of the case, folio 1796).
315
Cf. Communication of the Second First Instance Judge of San Francisco Gotera, addressed to the Minister of
Defense, of November 25, 1991 (evidence file, tome III, annex 23 to the submission of the case, folio 1794), and
Communication of the Second First Instance Judge of San Francisco Gotera, addressed to the Minister of Defense, of
January 9, 1992 (evidence file, tome III, annex 23 to the submission of the case, folio 1806).
316
Cf. Communication of the Second First Instance Judge of San Francisco Gotera, addressed to the Head of the
Executive Unit of the Criminal Investigation Commission, of November 25, 1991 evidence file, tome III, annex 23 to the
submission of the case, folio 1793).
317
Communication of the Office of the Prosecutor General of the Republic of El Salvador of November 25, 1991
(evidence file, tome III, annex 23 to the submission of the case, folios 1798 to 1799).
318
Cf. Decision issued by the Second First Instance Court of San Francisco Gotera on November 28, 1991
(evidence file, tome III, annex 23 to the submission of the case, folio 1801).
70
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