Table of contents Paragraph I INTRODUCTION OF THE CASE AND PURPOSE OF THE DISPUTE 1 II PROCEEDINGS BEFORE THE COURT 6 III ACKNOWLEDGEMENT OF THE FACTS CONTAINED IN THE REPORT ON MERITS OF THE INTER-AMERICAN COMMISSION IV COMPETENCE 17 29 V EVIDENCE 31 A. Documentary, testimonial and expert evidence 32 B. Admission of the evidence 33 VI PRIOR CONSIDERATIONS 42 A. Determination of the presumed victims 42 B. Human rights violations alleged by the representatives 58 VII RIGHTS TO LIFE, TO PERSONAL INTEGRITY, TO PERSONAL LIBERTY, TO PRIVACY, TO MEASURES OF PROTECTION FOR CHILDFREN, TO PROPERTY, AND TO FREEDOM OF MOVEMENT AND RESIDENCE, IN RELATION TO THE OBLIGATION TO RESPECT AND GUARANTEE RIGHTS A. The facts of the instant case 1) The armed conflict in El Salvador 2) The scorched earth operations and the creation of the Rapid Deployment Infantry Battalions 3) The massacres of El Mozote and nearby places 61 62 62 67 73 a) Background 80 b) “Operación Rescate” or “Yunque y Martillo” carried out by the “Atlacatl” Rapid Deployment Infantry Battalion 83 c) The massacre in the village of El Mozote 87 d) The massacre in the canton of La Joya 98 e) The massacre in the village of Ranchería 106 f) The massacre in the village of Los Toriles 110 g) The massacre in the village of Jocote Amarillo 113 h) The massacre in the canton of Cerro Pando canton and in a cave on Cerro Ortiz 117 4) The internal and international displacements 122 B. Arguments of the Commission and allegations of the parties 128 C. Considerations of the Court 141 1) The alleged human rights violations to the detriment of those who were executed 142 2) The alleged human rights violations to the detriment of those who survived 169 3) The alleged human rights violations to the detriment of the next of kin of those who were executed 197 4) Conclusion 203 VIII RIGHTS TO JUDICIAL GUARANTEES, TO JUDICIAL PROTECTION, AND TO FREEDOM OF THOUGHT AND EXPRESSION, IN RELATION TO THE OBLIGATION TO RESPECT AND GUARANTEE RIGHTS AND TO ADOPT PROVISIONS OF DOMESTIC LAW AND 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 A. The investigation of the facts of this case 209 210 1) Opening of the investigations and measures taken 211 2) The exhumations performed with the support of foreign experts 230 2