Parties also recognize, that acts of this nature, regardless of the sector to which their perpetrators belong, must be the object of exemplary action by the law courts so that the punishment prescribed by law is meted out to those found responsible.434 273. On July 13, 1992, the Truth Commission began its activities, taking into consideration, on the one hand, “the singular importance that could be attributed to the events to be investigated, their characteristics and repercussion, as well as the social upheaval to which they gave rise” and, on the other hand, “the need to create confidence in the positive changes that the peace process promotes and to accelerate the path towards national reconciliation.”435 Based on these criteria, the Truth Commission investigated two types of cases: (a) individual cases or acts that, owing to their particular characteristics, deeply affected Salvadoran society and/or international society,” and (b) a series of individual cases of similar characteristics that reveal a systematic pattern of violence or ill-treatment and that, taken as a whole, also profoundly affected Salvadoran society, especially because their purpose was to influence certain sectors of that society by intimidation.”436 In its report published on March 15, 1993, the Truth Commission described the patterns of violence during the armed conflict of both State agents and members of the FMLN, and included approximately 30 cases to illustrate them. 437 b) The National Reconciliation Law and the Law of General Amnesty for the Consolidation of Peace 274. On January 23, 1992, after the signature of the Chapultepec Peace Accords on January 16, 1992, the Legislative Assembly of the Republic of El Salvador issued Legislative Decree No. 147 entitled “Law for National Reconciliation.” Article 1 of this decree established that: “[a]mnesty shall be granted to all persons who participated as direct or indirect perpetrators or as accomplices in ordinary political crimes, related ordinary crimes, or ordinary crimes committed by at least 20 persons, prior to January 1, 1992, with the exception, in any case, of the crime of kidnapping established in article 220 of the Criminal Code.” 438 In addition, article 6 of the law contained a clause indicating that: “[t]his amnesty shall not apply to persons who, according to the Truth Commission, participated in grave acts of violence that occurred after January 1, 1980, whose impact on society urgently requires that the public may know the truth, irrespective of the sector to which they belong.” 439 275. On March 20, 1993, five days after the presentation of the Truth Commission’s report, the Legislative Assembly enacted the so-called “Law of General Amnesty for the Consolidation of Peace” (hereinafter “Amnesty Law”), by Legislative Decree No. 486 published on March 22 that year.440 The text of this decree established: Art. 1. Full, absolute, and unconditional amnesty shall be granted to all those who participated in any way in committing political crimes, or related ordinary crimes, or ordinary crimes committed prior to October 22, 1987, in which no fewer than 20 persons were involved, whether or not such persons have been convicted or have had proceedings initiated against them, and this amnesty shall apply to all persons who have participated as direct or indirect perpetrators or as accomplices in such criminal acts. 434 United Nations. El Salvador Agreements: on the road to peace, 1992 (evidence file, tome IX, annex 6 to the pleadings and motions brief, folio 5865). 435 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 1087). 436 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 1088). 437 Cf. Report of the Truth Commission for El Salvador, From madness to hope: the 12-year war in El Salvador, 1992-1993 (evidence file, tome II, annex 1 to the submission of the case, folios 1074 to 1287). 438 National Reconciliation Law. Legislative Decree No. 147, published on January 23, 1992 (evidence file, tome II, annex 5 to the submission of the case, folios 1407 to 1411). 439 National Reconciliation Law. Legislative Decree No. 147, published on January 23, 1992 (evidence file, tome II, annex 5 to the submission of the case, folios 1407 to 1411). 440 Article 1 of the Law of General Amnesty for the Consolidation of Peace. Legislative Decree No. 486, published on March 22, 1993 (evidence file, tome II, annex 6 to the submission of the case, folios 1413 to 1416). 89

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos