46
242.
It has been proven that an appalling number of children were murdered in the massacres
at El Mozote and vicinity. In the village of El Mozote, specifically, an initial group of boys were taken with
the men to a place where they were subjected to distinct acts of torture. As related in the previous
section, Rufina Amaya could see when this group were forced to lie face-down as the soldiers stood over
them and pulled their heads back until they screamed with pain. In that same massacre another group of
younger children remained with the women. The statements indicate that in this group there were boys
and girls of very tender age, including babies two days old, who were separated from their mothers when
the latter were taken outside to be killed. This group of children suffered separation from their mothers
and the fear of being left to the mercy of the soldiers. Moreover, the statement of the survivor Rufina
Amaya demonstrates the cruelty with which this group of children were killed, one after the other, with
those still alive watching what was happening.
243.
As to the other massacres, in which the modus operandi was to break violently into
houses, killing entire families inside, it is clear that many children were murdered along with their parents.
Statements indicate that some children even witnessed the killing of their parents and siblings: before
they were executed all family members were taken into the patio of the house and interrogated about
alleged links to the guerrillas. The extrajudicial execution of a large number of children in the villages and
cantons near El Mozote has also been proven by the findings from the exhumations at various places, as
well as by a series of statements by male survivors who say they fled the respective places, leaving the
women and children behind, because they thought “nothing would happen to them”. As related in the
Evidence section, those survivors returned in search of their families, only to find the lifeless corpses of
their children in many cases.
244.
The Commission must note the seriousness of the human rights violations committed
against children in this case. The murder of children was not accidental or isolated. By their very nature,
“scorched earth” operations of this kind are planned to kill everyone found in the places identified,
including children. Knowing that, the Salvadoran high command deliberately organized this operation in
the northern part of Morazán with no thought to saving the lives of children but indeed ordering their
murder in order to achieve the goal of wiping out the entire civilian population in places where there were
thought to be guerrillas. The statement of Rufina Amaya, cited earlier, provides evidence of this: she
overheard a conversation between the soldiers, who were discussing “what to do” with the children who
were still locked up in El Mozote after the killing of the women. One of the soldiers explained to the other
that this was a “scorched earth” operation and that the “order” was “to kill kids”. The report of the Tutela
Legal also recounts the statements of military personnel who said they hesitated to kill the children, and
so one of the majors in charge of the operation set an example by murdering the first child with a knife.
245.
In light of the foregoing considerations, the Commission concludes that, in addition to
violating the rights to life, humane treatment and personal liberty in the terms described in the preceding
section, the State of El Salvador deliberately ignored its obligation to provide special protection for
children, enshrined in article 19 of the American Convention, taken in concordance with article 1.1 of that
instrument, to the detriment of all the children who were extrajudicially executed in the massacres
perpetrated in El Mozote and vicinity, according to the list of victims annexed to this report.
D.
The rights to humane treatment and privacy (articles 5 and 11 of the American
Convention in relation to article 1.1 thereof)
246.
Articles 5.1 and 5.2 of the American Convention provided as follows:
1. Every person has the right to have his physical, mental, and moral integrity respected.
Article 38.1. States Parties undertake to respect and to ensure respect for rules of international humanitarian law
applicable to them in armed conflicts which are relevant to the child. [...] 4. In accordance with their obligations under international
humanitarian law to protect the civilian population in armed conflicts, States Parties shall take all feasible measures to ensure
protection and care of children who are affected by an armed conflict.