219. On December 13, 1991, the Minister of Defense and Public Security advised that the
cantons and villages mentioned, “have been places where, since the beginning of the ongoing
armed conflict, terrorist criminals, who have mined certain sectors of those areas that only they
know, were and are present and, therefore during several military incursions, members of the
Armed Forces have been injured after stepping on those explosive artifacts. Only FMLN
supporters, guided by members of this Front, have been able to pass through those places
without problems.” In addition, he explained that “currently the security conditions are not
favorable for taking the said measures, clarifying that, at the court’s request, the Armed Forces
are able to conduct a military operation to expel any possible terrorists who are in the place in
question and to clear the land of the terrorist mines and obstacles to be found there.”319
220. In this regard, on January 23, 1992, the prosecution indicated that it left it to the judge
to decide the court orders that should be issued in order to take the necessary measures to
continue the proceedings.320 The following day, the trial judge ordered that a communication be
sent to the Director of the National Geographic Institute requesting “photographs or topographic
maps of the areas where the events of the [criminal case] supposedly occurred.”321 This
communication was not issued by the Judge until February 7, 1992. 322 In a letter of February 11,
1992, the Director of this Institute responded to the judge’s request, sending a map of the
department of Morazán.323 On March 13, 1992, the trial judge again asked the said Director for a
map of the department of Morazán, because the one sent previously had been “given to the
Institute of Forensic Medicine [… t]o be used for the same purposes.324
221. On March 25, 1992, the Chief Military Observer and Commander of the Military Division of
the United Nations Observer Mission in El Salvador (ONUSAL) certified that, on March 7 that
year, members of the National Army for Democracy (END/FMLN), accompanied by two military
observers, conducted a search for possible mines placed during the conflict in the area of El
Mozote, and concluded that all the said mines had been removed and that, consequently, the
area was totally free of these artifacts.325 The trial judge received this information on March 27,
1992, from both ONUSAL and the National Army for Democracy (END/FMLN), the latter clarifying
that the “units of the END ha[d] not placed minefields in those sectors.”326
222. On April 1, 1992, the trial judge requested the Director of the Institute of Forensic
Medicine to forward the list of personnel who would collaborate in the exhumations.327 In
319
Communication of the Ministry of Defense and Public Security of December 13, 1991 (evidence file, tome III,
annex 23 to the submission of the case, folio 1807)
320
Cf. Communication of the special agent, in representative of the Prosecutor General of the Republic of El
Salvador, of January 23, 1992 (evidence file, tome III, annex 23 to the submission of the case, folio 1810).
321
Decision of the Second First Instance Court of San Francisco de Gotera of January 24, 1992 (evidence file, tome
III, annex 23 to the submission of the case, folios 1812)
322
Cf. Communication of the Second First Instance Judge of San Francisco Gotera, addressed to the Director
General of the National Geographic Institute, of February 7, 1992 (evidence file, tome III, annex 23 to the submission of
the case, folio 1813).
323
Cf. Communication of the Director General of the National Geographic Institute, addressed to the Second First
Instance Court of San Francisco Gotera, of February 11, 1992 (evidence file, tome III, annex 23 to the submission of the
case, folio 1814).
324
Communication of the Second First Instance Judge of San Francisco de Gotera, addressed to the Director of the
National Geographic Institute, of March 13, 1992 (evidence file, tome III, annex 23 to the submission of the case, folios
1819).
325
Cf. Attestation of the Chief Military Observer and Commander of the Military Division of the United Nations
Observer Mission in El Salvador (ONUSAL) of March 25, 1992 (evidence file, tome III, annex 23 to the submission of the
case, folio 1820).
326
Attestation of the Chief Military Observer and Commander of the Military Division of the United Nations
Observer Mission in El Salvador (ONUSAL) of March 25, 1992 (evidence file, tome III, annex 23 to the submission of the
case, folio 1820), and Communication of the National Army for Democracy, Third Military Region, of March 18, 1992
(evidence file, tome III, annex 23 to the submission of the case, folio 1822).
327
Cf. Decision issued by the Second First Instance Court of San Francisco Gotera on April 1, 1992 (evidence file,
tome III, annex 23 to the submission of the case, folio 1843).
71
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