or were burned alive (supra paras. 95, 96 and 108). The physical evidence of the exhumations
confirms the assertions of a massive murder; in other words, a massacre.197
155. In sum, it was the State’s responsibility to protect the civilian population in the armed
conflict,198 and especially the children,199 who were in a situation of greater vulnerability and risk
of having their rights violated. To the contrary, in the instant case, the State agents acted
deliberately, by planning and executing, under the State’s structures and facilities, the
perpetration of seven successive massacres of defenseless elderly persons, men, women and
children, in the context of a systematic plan to eliminate certain sectors of the population who
were considered to support, collaborate or belong to the guerrilla, or who were in any way
contrary or opposed to the Government.
156. Therefore, the State of El Salvador is responsible for the executions perpetrated by the
Salvadoran Armed Forces in the massacres committed from December 11 to 13, 1981, in the
village of El Mozote, the canton of La Joya, the villages of Ranchería, Los Toriles and Jocote
Amarillo, and the canton of Cerro Pando and a cave on Cerro Ortiz, in violation of Article 4 of the
American Convention, in relation to Article 1(1) of this instrument. In addition, it has been
proved that there were a considerable number of children among the executed victims, so that,
in their regard, the violations of the right to life also occurred in relation to Article 19 of the
Convention. This violation was aggravated with regard to the children, and also to the women
who were pregnant.
157. The lists attached to the merits report of the Inter-American Commission show a total of
967 presumed victims who were executed, while the State presented a list of 936 victims of the
the Second First Instance Court of San Francisco Gotera on November 28, 1990 (evidence file, tome III, annex 23 to the
submission of the case, folio 1697); Witness statement made by María Teófila Pereira Argueta before the Second First
Instance Court of San Francisco Gotera on January 23, 1991 (evidence file, tome III, annex 23 to the submission of the
case, folio 1701); Witness statement made by Bernardino Guevara Chicas before the Second First Instance Court of San
Francisco Gotera on January 23, 1991 (evidence file, tome III, annex 23 to the submission of the case, folio 1706);
Witness statement made by Lucila Romero Martínez before the Second First Instance Court of San Francisco Gotera on
January 24, 1991 (evidence file, tome III, annex 23 to the submission of the case, folio 1711); Witness statement made
by Domingo Vigil Amaya before the Second First Instance Court of San Francisco Gotera on January 30, 1991 (evidence
file, tome III, annex 23 to the submission of the case, folio 1715); Witness statement made by Rosa Ramírez Hernández
before the Second First Instance Court of San Francisco Gotera on January 30, 1991 (evidence file, tome III, annex 23
to the submission of the case, folios 1717 to 1719); Victim statement made by Eustaquio Martínez Vigil before the
Second First Instance Court of San Francisco Gotera on March 14, 1991 (evidence file, tome III, annex 23 to the
submission of the case, folio 1753); Victim statement made by Genaro Sánchez before the Second First Instance Court
of San Francisco Gotera on April 4, 1991 (evidence file, tome III, annex 23 to the submission of the case, folio 1763);
Witness statement made by Sotero Guevara Martínez before the Second First Instance Court of San Francisco Gotera on
May 7, 1991 (evidence file, tome III, annex 23 to the submission of the case, folios 1776 and 1777); Sworn statement
made by María del Rosario López Sánchez before the Oficina de Tutela Legal del Arzobispado on June 19, 2011 (evidence
file, tome VIII, annex 3 to the pleadings and motions brief, folio 5522); Sworn statement made by Cesar Martínez
Hernández before the Oficina de Tutela Legal del Arzobispado on June 22, 2011 (evidence file, tome VIII, annex 3 to the
pleadings and motions brief, folio 5547), and Statement made by María Dorila Márquez de Márquez before the InterAmerican Court during the public hearing held on April 23, 2012.
197
Cf. Report on the forensic investigation in the village of El Mozote, Site 1, prepared by
Kirschner, Douglas D. Scott and John J. Fitzpatrick dated December 10, 1992 (evidence
submission of the case, folios 4022 to 4023), and Communication of Clyde C. Snow, Robert
Scott and John J. Fitzpatrick, addressed to the Second First Instance Judge of San Francisco
1992 (evidence file, tome V, annex 23 to the submission of the case, folio 3525).
Clyde C. Snow, Robert H.
file, tome VI, annex 24
H. Kirschner, Douglas D.
Gotera, of December 10,
198
The State’s general and special obligations to protect the civilian population derived from international
humanitarian law, are established, in particular, in Article 3 common to Geneva Conventions of August 12, 1949, and the
norms of Protocol II Additional to the 1949 Geneva Conventions and relating to the protection of the victims of noninternational armed conflicts.
199
Article 38 of the Convention on the Rights of the Child stipulates:
[…]
4.
In accordance with their obligations under international humanitarian law to protect the civilian
population in armed conflicts, States Parties shall take all feasible measures to ensure protection and care
of children who are affected by an armed conflict.
[…]
49
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