continuing to feel fear, vulnerability and insecurity.289 The circumstances described reveal the profound suffering that the next of kin of the executed victims have experienced and that this has continued for more than 30 years as a result of the impunity in which the facts remain. 201. Based on all the foregoing considerations, the Court concludes that such acts entailed cruel, inhuman and degrading treatment, contrary to Article 5(1) and 5(2) of the American Convention, in relation to Article 1(1) of this instrument, to the detriment of the next of kin of the victims who were executed. 202. Finally, as has been proved,290 soldiers proceeded to set fire to the houses, destroy and burn the inhabitants’ crops, and kill the animals; consequently, the Court concludes that the State violated to right to property recognized in Articles 21(1) and 21(2) of the American Convention, in relation to Article 1(1) of this instrument, to the detriment of the next of kin of the victims executed in the massacres. 4) Conclusion 203. As a result of all the above, and based on the inherent nature of massacres, which entail a complex violation of rights recognized in the American Convention (supra para. 141), the Court concludes that the State of El Salvador is responsible for the violation of Articles 4, 5(1), 5(2), 21(1) and 21(2) of the American Convention, in relation to Article 1(1) of this instrument, and, additionally, in relation to Article 19 with regard to the children, to the detriment of the victims who were executed, listed in Annex “A.” In addition, the State is responsible for the violation of Article 7 of the American Convention, in relation to Article 1(1) of this instrument, to the detriment of the victims executed in the village of El Mozote. 204. The State is also responsible for the violation of Articles 5(2) and 11(2) of the American Convention, in relation to Article 1(1) thereof, to the detriment of the women who were victims of rape in the village of El Mozote. 205. In addition, the State is responsible for the violation of Articles 5(1), 5(2), 11(2), 21(1) and 21(2) of the American Convention, in relation to Article 1(1) thereof, and additionally in relation to Article 19 with regard to the children, to the detriment of the victims who survived the massacres, listed in Annex “B.” 289 Cf. Sworn statement made by José Eliseo Claros Romero before the Oficina de Tutela Legal del Arzobispado on July 21, 2011 (evidence file, tome VIII, annex 3 to the pleadings and motions brief, folio 5534); Sworn statement made by José Gervacio Díaz before the Oficina de Tutela Legal del Arzobispado on June 28, 2011 (evidence file, tome VIII, annex 3 to the pleadings and motions brief, folio 5545); Sworn statement made by José Cruz Vigil del Cid 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 5559); Sworn statement made by María Regina Márquez Argueta before the Oficina de Tutela Legal del Arzobispado on August 2, 2011 (evidence file, tome VIII, annex 3 to the pleadings and motions brief, folios 5586 to 5588); Sworn statement made by María Elena Vigil before the Oficina de Tutela Legal del Arzobispado on July 19, 2011 (evidence file, tome VIII, annex 3 to the pleadings and motions brief, folio 5594); Affidavit provided by Sofía Romero Pereira on April 1, 2012 (evidence file, tome XVII, affidavits, folio 10282); Affidavit provided by Eduardo Concepción Argueta Márquez on April 1, 2012 (evidence file, tome XVII, affidavits, folio 10293); Affidavit provided by José Pablo Díaz Portillo on April 1, 2012 (evidence file, tome XVII, affidavits, folio 10299); Expert opinion provided by María Sol Yáñez De La Cruz before the Inter-American Court during the public hearing held on April 23, 2012, and Expert opinion on psychosocial impacts and recommendations for reparations in the case of “The Massacres of El Mozote and nearby places” provided by María Sol Yáñez De La Cruz, undated (evidence file, tome XVIII, annex 2 to the final written arguments of the representatives, folio 10537). 290 Sofía Romero Pereira indicated that, in the villages of El Mozote and Los Toriles, in addition to losing their loved ones, “they lost all the basic grains that they had in their silos, the pigs, the cows, the horses,” also “the crops [and] all the domestic items and the house itself was completely burned down; in other words, only the land remained.” Affidavit provided by Sofía Romero Pereira on April 2, 2012 (evidence file, tome XVII, affidavits, folio 10281). José Pablo Díaz Portillo stated that, about two months after the massacre in Cerro Pando canton, he found the homes of his relatives burned down. Cf. Affidavit provided by José Pablo Díaz Portillo on April 1, 2012 (evidence file, tome XVII, affidavits, folio 10298). 65

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