233. Continuing the practice of the exhumations performed in the village of El Mozote, the
Institute of Forensic Medicine appointed the experts Roger Haglar and Charles Lee Cecil who, on
January 6, 1993, were sworn in as technical collaborators. The evidence in the case file indicates
that, from January 6 to 29, 1993, the judicial procedures were carried out for “excavating,
sifting the earth and cleaning” the so-called Site 2 “La Tumba” [the Tomb] and Site 3 “El Pozo”
[The Well], known as the “house of Sofía Márquez” and the “house of Benita Díaz” in village of El
Mozote.364 On March 24, 1993, the trial judge forwarded to the Director of the Institute of
Forensic Medicine “ten boxes containing osseous remains found at site 2,” together with the
inventory corresponding to Sites 2 and 3.365
234. Following the decision to dismiss the case (infra para. 276), the Oficina de Tutela Legal
del Arzobispado supported new measures to exhume the victims before the Second First
Instance Court of San Francisco Gotera. Consequently, the different judges in charge of the case
authorized the performance of exhumations in 2000,366 2001,367 2003368 and 2004,369 only so
that, once the remains had been recovered and the identification analysis performed, their
return to the next of kin would be authorized, for burial where the latter considered appropriate.
Consequently, the Argentine Forensic Anthropology Team was able to resume its forensic
work.370 The said tasks were supervised by members of the Argentine Forensic Anthropology
Team, with the collaboration of the forensic medicine team of the Institutes of Forensic Medicine
of El Salvador, Santa Tecla and San Miguel, and by the expert Clyde Snow.371
235. The archaeological excavation work was carried out from April 6 until May 25, 2000, in
the canton of La Joya and in the village of Jocote Amarillo. The La Joya sites were named Site 1,
Site 2b, Site 4, Site 5, Site 16 and Site 17 and, in Jocote Amarillo, Site 1, Site 2, Site 3 Grave A,
Site 3 Grave B, Site 3 Grave C, and Site 4. Based on the exhumations performed, the Argentine
Forensic Anthropology Team presented the following results: (a) a total of 37 individuals were
recovered, of whom 14 were adults, 23 children under 14 years of age, and the remains of one
fetus of approximately six months. Within the group of adults, three were men and 11 were
364
Cf. Communication of the Director of the Institute of Forensic Medicine, addressed to the Second First Instance
Court, on January 4, 1993 (evidence file, tome V, annex 3 to the submission of the case, folio 3409); Decision issued by
the Second First Instance Court of San Francisco Gotera on January 6, 1993 (evidence file, tome V, annex 23 to the
submission of the case, folio 3422); Decision issued by the Second First Instance Court of San Francisco Gotera on
January 6, 1993 (evidence file, tome V, annex 23 to the submission of the case, folio 3423), and Judicial procedures
carried out from January 6 to 29, 1993 (evidence file, tome V, annex 23 to the submission of the case, folios 3424 to
3496).
365
Cf. Note of the Second First Instance Court of San Francisco Gotera, addressed to the Director of the Institute
of Forensic Medicine, of March 24, 1993 (evidence file, tome V, annex 23 to the submission of the case, folio 3611).
366
Cf. Decision issued by the Second First Instance Court of San Francisco Gotera on April 5, 2000 (evidence file,
tome V, annex 23 to the submission of the case, folios 3655 to 3656).
367
Cf. Decision issued by the Second First Instance Court of San Francisco Gotera on September 19, 2001
(evidence file, tome V, annex 23 to the submission of the case, folios 3857 to 3858).
368
Cf. Decision issued by the Second First Instance Court of San Francisco Gotera on October 17, 2003 (evidence
file, tome V, annex 23 to the submission of the case, folios 3920 to 3922).
369
Cf. Decision issued by the Second First Instance Court of San Francisco Gotera on October 24, 2004 (evidence
file, tome V, annex 23 to the submission of the case, folios 3963 to 3964).).
370
Expert report provided by affidavit by Mercedes Doretti, Luis Fondebrider and Silvana Turner received on April
18, 2012 (evidence file, tome XVII, folio 10312).
371
Cf. Summary of forensic work prepared by the Argentine Forensic Anthropology Team (EAAF), Case of El
Mozote, April-June 2000 (evidence file, tome VI, annex 27 to the submission of the case, folio 4122); Report of the
Argentine Forensic Anthropology Team (EAAF) on the exhumation work performed in 2001 (evidence file, tome VI,
annex 28 to the submission of the case, folios 4410 to 4411), and Final report of the Argentine Forensic Anthropology
Team (EAAF) on the forensic investigations in the case of El Mozote in 2003 (evidence file, tome VII, annex 29 to the
submission of the case, folios 4990 to 4991). See also, Joint expert opinion provided by affidavit by Luis Fondebrider,
Mercedes C. Doretti and Silvana Turner on April 18, 2012 (evidence file, tome XVII, affidavits, folio 10303), and Tutela
Legal del Arzobispado de San Salvador, El Mozote. Lucha por la verdad y la justicia: Masacre a la Inocencia, San
Salvador, El Salvador, 2008, pp. 283 and 284 (evidence file, tome VIII, annex 2 to the pleadings and motions brief,
folios 5431 to 5432).
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