those responsible for the violations declared, as well as the search for the truth. Indeed, if the
State apparatus acts in such a way that the violation goes unpunished and it does not restore to
the victims, insofar as possible, all their rights, it can be said that it has failed to comply with its
obligation to guarantee the free and full exercise of these rights to the persons subject to its
jurisdiction.398 The concept underlying this consideration is that a trial conducted to its
completion and that fulfills its purpose is the clearest signal of zero tolerance for grave human
rights violations, contributes to the reparation of the victims, and shows society that justice has
been done.399
C.
Obligation to open an investigation ex officio
250. The Commission indicated that the Salvadoran authorities had not opened an
investigation of the massacres ex officio, which meant that, from December 13, 1981, until
October 26, 1990, the date on which Pedro Chicas Romero filed a complaint, no official inquiry
into the events was conducted. Thus, the investigations into the massacres began nine years
after they occurred and as a result of a complaint filed by a survivor and not on the initiative of
the State of El Salvador. According to the Commission this failure to act cannot be justified by
the lack of public knowledge about the facts, because there is evidence that, as early as 1982,
the international media had reported the massacres. Consequently, it considered that the
absence of an investigation ex officio by the State into the massacres constituted in itself a
violation of the rights established in Articles 8(1) and 25(1) of the Convention, in relation to
Article 1(1) of this instrument, to the detriment of the victims’ next of kin. The representatives
asked that the Court declare the State responsible for not having opened an immediate
investigation into the events ex officio, so that, owing to the delay in the start of the
investigations, information was lost that was essential to clarify the facts.
251. In this case it has been proved that, in January 1982, the possible occurrence of a
massacre perpetrated by the Armed Forces was made public, without the corresponding
authorities undertaking any kind of investigation. To the contrary, as established, the
Salvadoran authorities systematically denied and concealed the facts (supra paras. 73 to 77). In
this regard, the Truth Commission emphasized that both the Minister of Defense and the Joint
Chiefs of Staff at the time were aware “of the occurrence of the massacre and failed to
undertake any investigation.”400 It was not until 1990, when most of the forcibly displaced
survivors returned to El Salvador, that one of the survivors was able to file a complaint. This
means that for nine years the State failed to open an investigation. Thus, the initial complaint
was filed on October 26, 1990, by Pedro Chicas Romero before the Second First Instance Court
of San Francisco Gotera.401 In other words, for nine years the State failed to open an
investigation that would ensure that the evidence allowing what happened to be determined was
obtained promptly and preserved.
252. Consequently, the Court concludes that, at least since 1982, the State should have
initiated ex officio and without delay a serious, impartial and effective investigation into all the
facts of the massacre related to the violation of the right to life and also to other specific
violations against personal integrity, such as the supposed torture and acts of violence against
women from a gender perspective and in accordance with Articles 8(1) and 25(1) of the
Convention, and the specific obligations established in Articles 1, 6 and 8 of the Inter-American
Convention to Prevent and Punish Torture and 7(b) of the Convention of Belém do Pará.
398
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, para. 176, and Case of Gomes Lund et al. (Guerrilha do
Araguaia) v. Brazil, para. 140.
399
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Monitoring compliance with judgment.
Order of the Inter-American Court of Human Rights of January 27, 2009, twenty-first considering paragraph, and Case of
Manuel Cepeda Vargas v. Colombia, supra nota 18, para. 153.
400
Report of the Truth Commission for El Salvador, From madness to hope: the 12-year war in El Salvador, 19921993 (evidence file, tome II, annex 1 to the submission of the case, folio 1202).
401
Cf. Complaint filed before the Second First Instance Court of San Francisco Gotera by Pedro Chicas Romero on
October 26, 1990 (evidence file, tome III, annex 23 to the submission of the case, folios 1649 to 1652).
82
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