response, on April 29, 1992, the Institute of Forensic Medicine forwarded the list of medical and
paramedical personnel in charge of performing the autopsies.328
223. In a letter of March 30, 1992, the Director of the Institute of Legal Medicine forwarded to
the judge in the case a photocopy of the university degrees of Mercedes Celina Doretti, Patricia
Bernardi and Luis Bernardo Fondebrider, which had been provided by Tutela Legal del
Arzobispado. In addition, he advised that the team of the Institute of Forensic Medicine was
ready to perform the necessary autopsies and laboratory tests.329 On April 1, 1992, the trial
judge requested the authentication of these degrees in keeping with Salvadoran law, “so that
they could participate legally as supplementary expert witnesses.”330 On April 22, 1992, the
judge confirmed receipt of the authenticated degrees, 331 and established April 29, 1992, as the
date for the appointment and swearing in of these expert witnesses.332 On April 28, 1992, a
“Delegation of the Communities of Northern [Morazán], accompanied by journalists and
hundreds of persons” requested a hearing with the trial judge so that he could explain why the
proceedings “were not advanc[ing] procedurally” as well as “the reasons why the Argentine
anthropologists proposed by Tutela Legal had not been sworn in.”333 The hearing was granted
the same day.334 On April 29, 1992, the trial judge appointed the above-mentioned professionals
as supplementary expert witnesses so that they could act as “Technical Cooperators” during the
exhumations. That same day Mercedes Doretti and Patricia Bernardi were sworn in.335 On April
30, 1992, expert witness Mercedes Celina Doretti submitted the “Suggested work plan,” to the
trial judge, who indicated that it had been delivered to the Director of the Institute of Forensic
Medicine on February 7, 1992.336 On October 13, 1992, Luis Bernardo Fondebrider was sworn
in.337
224. In a press communiqué of April 8, 1992, the Oficina de Tutela Legal del Arzobispado
denounced irregularities that, in its opinion, had been committed in the investigations up to that
moment. Among the irregularities, it denounced that the trial judge “[o]n May 8, 1991, when
the testimonial evidence in the proceedings abundantly confirmed the responsibility of the
Armed Forces in the murders, […] suspended the examination of witnesses temporarily,
indicating that he would devote himself to taking measures to verify the corpus delicti, such as
the inspection of the scene of the events, exhumations and autopsies of the corpses of the
victims. These measures had been ordered in the proceedings since November 9, 1990;
however, [at that] date they ha[d] not been taken, despite their importance. Meanwhile, the
suspension of the examination of witnesses had continued without any legal reason that [would]
328
Cf. Brief of the “Dr. Roberto Masferrer” Institute of Forensic Medicine filed before the Second First Instance
Court of San Francisco Gotera on April 29, 1992 (evidence file, tome III, annex 23 to the submission of the case, folios
1880 to 1884).
329
Cf. Communication of the Director of the Institute of Forensic Medicine, addressed to Second First Instance
Judge of San Francisco Gotera, of March 30, 1992 (evidence file, tome III, annex 23 to the submission of the case, folio
1824).
330
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).
331
Cf. Decision issued by the Second First Instance Court of San Francisco Gotera on April 22, 1992 (evidence file,
tome III, annex 23 to the submission of the case, folio 1869).
332
Cf. Decision issued by the Second First Instance Court of San Francisco Gotera on April 22, 1992 (evidence file,
tome III, annex 23 to the submission of the case, folio 1870.
333
Decision issued by the Second First Instance Court of San Francisco Gotera on April 28, 1992 (evidence file,
tome III, annex 23 to the submission of the case, folio 1873).
334
Cf. Decision issued by the Second First Instance Court of San Francisco Gotera on April 28, 1992 (evidence file,
tome III, annex 23 to the submission of the case, folio 1873).
335
Cf. Decision issued by the Second First Instance Court of San Francisco Gotera on April 29, 1992 (evidence file,
tome III, annex 23 to the submission of the case, folios 1877 to 1879).
336
Cf. Communication of Mercedes Celina Doretti, addressed to the Second First Instance Judge of San Francisco
Gotera, of April 30, 1992 (evidence file, tome III, annex 23 to the submission of the case, folios 1886 to 1887).
337
Cf. Decision issued by the Second First Instance Court of San Francisco Gotera on October 13, 1992 (evidence
file, tome IV, annex 23 to the submission of the case, folio 2416).
72
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