25
125.
On July 16, 1991 the Institute of Legal Medicine replied that its exhumation calendar was
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full for that week. Consequently, these procedures were suspended on July 18, 1991.
126.
On November 20, 1991 the responsible judge issued a decision which, after noting the
scale of the procedures and the allegations, resolved: (i) to request the Ministry of Defense to report
whether there was a mine field in the zone and whether it could provide for the safety of persons
conducting or witnessing the investigations; (ii) to request the national and international Red Cross offices
to provide the necessary protection for their personnel; and (iii) to request the Director of the Legal
Medicine Institute to provide medical, paramedical and scientific personnel commensurate with the scope
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of the inspections to be conducted on the date indicated.
127.
On November 28, 1991 the President of the Republic and Commander-in-Chief of the
Armed Forces was again asked to provide the names of commanders and officers. The request was
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repeated on January 9, 1992.
128.
On December 13, 1991 the Minister of Defense and Public Security sent a letter
indicating that “the cantons and villages mentioned” had from the beginning of the armed conflict been
“places of presence and persistence of terrorist criminals, who have sown mines in certain places and are
alone aware of those places” and that consequently “at the present time security conditions are not
suitable for conducting the inspections requested.” He added that, at the Court’s request, the Armed
Forces could “conduct a military operation to dislodge possible terrorists who might be in the area in
question and to clear the area of terrorist obstacles and mines found there, for the safety of you and your
131
company personnel.”
129.
On January 24, 1992 the Second Court asked the Director of the National Geographic
Institute to provide photographs and topographical maps of the places under investigation, and this was
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done on February 11, 1992.
130.
On March 25, 1992 Brigadier General Victor Suanzes Pardo, Chief of Military Observers
and Commander of the ONUSAL Military Division, certified that on March 7, 1992 a mine sweep had
been conducted and the captain heading that operation concluded that the mines had been fully
removed, and consequently the zone was completely mine-free. He also said that “military observers
declined to make comments of any kind, as their mission was confined to guarding combatants of the
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FMLN/END.”
128
Communication of the State received May 29, 1992; communication from the Legal Medicine Institute of July 16, 1991.
Court record (Annex 2 to the petitioners’ submission of July 7, 2006); decision of the judge of the Second Court of September 27,
1993 (attached to the communication from the State of October 14, 1993); and decision of the judge of the Second Court, July 18
1991. Court record (Annex 2 to the petitioners’ submission of July 7, 2006).
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Communication of the State received May 29, 1992; decision of the judge of the Second Court, November 20 1991;
Court record (Annex 2 to the petitioners’ submission of July 7, 2006)and decision of the judge of the Second Court of September 27,
1993 (annexed to the communication of the State of October 14, 1993).
130
Official letter to the President of the Republic of November 28, 1991 and January 9, 1992. Court record (Annex 2 to the
petitioners’ submission of July 7, 2006); and decision of the judge of the Second Court of September 27, 1993 (attached to the
communication from the State of October 14, 1993)
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Communication from the Ministry Of Defense and Public Security of December 13, 1991; and decision of the judge of
the Second Court of September 27, 1993 (attached to the communication from the State of October 14, 1993); and communication
of the State received May 29, 1992.
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Decision of the judge of the Second Court of January 24, 1992; communication from the National Geographic Institute
of February 11, 1992; and decision of the judge of the Second Court of September 27, 1993 (attached to the communication from
the State of October 14, 1993). The Commission does not have the maps.
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ONUSAL certification of March 25, 1992. Court record (Annex 2 to the petitioners’ submission of July 7, 2006); and
decision of the judge of the Second Court of September 27, 1993 (attached to the communication from the State of October 14,
1993)