229. From August of 1992 to September 1993 – date on which the decision to dismiss the case
was issued in application of the Law of General Amnesty for the Consolidation of Peace (infra
para. 276) – no investigation measure was taken, apart from the exhumations.
2)
The exhumations performed with the support of foreign experts
230. On July 20, 1992, the Director of the Institute of Forensic Medicine informed the trial
judge that, since the Truth Commission was now installed in the country, it was appropriate to
proceed with the exhumation and to take the pertinent judicial and expert measures. To this
end, he considered that the trial judge should request the Supreme Court of Justice and the
Ministry of Foreign Affairs to take the necessary steps before the Governments of Argentina, the
United Kingdom of Great Britain and Northern Ireland, and the United States of America to
obtain their collaboration to appoint a forensic or physical anthropologist to act as a collaborator,
so that “the actions of the Salvadoran Judiciary and its auxiliary bodies and collaborators are
seen to be totally transparent.”351 In response, on July 28, 1992, the trial judge asked the
Supreme Court of Justice to take this measure.352 On September 9, 1992, the trial judge
authorized the first exhumations on October 13, 1992, “[e]ven though the request was still
pending made” to the Supreme Court of Justice.353 On September 30, 1992, the trial judge
received a communication that the Truth Commission had sent to the President of the Supreme
Court of Justice in which he requested that, “[w]ithout prejudice to the authority to appoint
other specialized experts,” it considered necessary the presence, among others, of the
professionals Clyde Collins Snow, Patricia Bernardi, Mercedes Doretti and Luis Bernardo
Fondebrider,354 these last three experts already named before the trial judge (supra para. 223).
After the information from the Governments of the United States of American, the United
Kingdom of Great Britain and Ireland, and Argentina had been received,355 on November 30 and
December 9, 1992, Clyde C. Snow, Robert H. Kirschner, Douglas D. Scott and John J. Fitzpatrick
were designated subsidiary experts to act as Technical Collaborators,356 and the trial judge
informed them of their appointment.357 From October 13 to November 17, 1992, excavations
and exhumations were performed at the place called Site I, known as “the Convent” in the
of El Barrial, Cerro Pando canton, de la jurisdiction of Meanguera, district of Jocoaitique, department of Morazán, on
August 12, 1992 (evidence file, tome III, annex 23 to the submission of the case, folio 2319).
351
Communication of the Institute of Forensic Medicine, addressed to the Second First Instance Judge of San
Francisco Gotera, on July 17, 1992 (evidence file, tome III, annex 23 to the submission of the case, folio 2234).
352
Cf. Letter rogatory of the Second First Instance Court of San Francisco Gotera, addressed to the Supreme Court
of Justice, on July 28, 1992 (evidence file, tome III, annex 23 to the submission of the case, folios 2277 to 2278).
353
Decision issued by the Second First Instance Court of San Francisco Gotera of September 9, 1992 (evidence
file, tome III, annex 23 to the submission of the case, folio 2359).
354
Cf. Note of the Truth Commission, addressed to the Second First Instance Judge of San Francisco Gotera, of
September 30, 1992 (evidence file, tome III, annex 23 to the submission of the case, folios 2386 to 2389).
355
Cf. Nota No. 002319 of October 28, 1992, Note No. 002246 of October 19, 1992, and Note AJ/No 12588 of
October 19, 1992 (evidence file, tome IV, annex 23 to the submission of the case, folios 2507 to 2512); Decision issued
by the Second First Instance Court of San Francisco Gotera on October 27, 1992 (evidence file, tome IV, annex 23 to the
submission of the case, folios 2531 to 2532); Communication of November 30, 1992 (evidence file, tome IV, annex 23 to
the submission of the case, folio 2860), and Notes of December 9 and 10, 1992 (evidence file, tome IV, annex 23 to the
submission of the case, folios 2903 and 2904).
356
Cf. Decision issued by the Second First Instance Court of San Francisco Gotera on November 30, 1992
(evidence file, tome IV, annex 23 to the submission of the case, folios 2861 to 2862); Decision issued by the Second
First Instance Court of San Francisco Gotera on November 30, 1992 (evidence file, tome IV, annex 23 to the submission
of the case, folio 2865), and Decision issued by the Second First Instance Court of San Francisco Gotera on December 9,
1992 (evidence file, tome IV, annex 23 to the submission of the case, folio 2905).
357
Cf. Notification of the Second First Instance Court of San Francisco Gotera of November 30, 1992 (evidence file,
tome IV, annex 23 to the submission of the case, folio 2863); Decision issued by the Second First Instance Court of San
Francisco Gotera on November 30, 1992 (evidence file, tome IV, annex 23 to the submission of the case, folio 2866),
and Decision issued by the Second First Instance Court of San Francisco Gotera on December 9, 1992 (evidence file,
tome IV, annex 23 to the submission of the case, folio 2906).
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