66
(c)
Violation of the rights to humane treatment and privacy enshrined in articles 5 and 11 of
the American Convention, to the detriment of the women who were raped in the village of El Mozote.
(d)
Violation of the right to property enshrined in article 21 of the American Convention in
relation to article 1.1 thereof, to the detriment of the murdered victims who were stripped of their property,
as well as the survivors whose homes were destroyed or whose means of livelihood were stolen or
eliminated.
(e) Violation of the right to humane treatment enshrined in article 5 of the American Convention in
relation to article 1.1 thereof, to the detriment of the survivors and relatives of the murdered victims.
(f)
Violation of the right to freedom of movement and residence enshrined in article 22 of the
American Convention in relation to article 1.1 thereof, to the detriment of the persons who were forcibly
displaced.
(g)
Violation of the rights to a fair trial and judicial protection enshrined in articles 8 and 25 of
the American Convention in relation with the obligations established in articles 1.1 and 2 thereof, articles
1, 6 and 8 of the Inter-American Convention to Prevent and Punish Torture and article 7 of the
Convention of Belém do Pará, to the detriment of the survivors and relatives of the murdered victims.
VI. R
ECOMMENDATIONS
341.
By virtue of the foregoing conclusions,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RECOMMENDS THAT THE STATE OF
EL SALVADOR
1.
Make adequate reparations for the violations of human rights declared in this report, both
in their material and their moral aspect, including the establishment and dissemination of the historic truth
of the events, suitable commemoration of the victims who died, and implementation of an appropriate
program of psychosocial care for the surviving relatives.
2.
Establish a mechanism to ensure that the victims killed in the massacres at El Mozote
and neighboring vicinities are identified as fully as possible and take the necessary steps to pursue the
exhumation, identification and return of the remains of those victims in accordance with the desires of
their families. This mechanism must also facilitate the complete identification of the relatives of the
murdered victims, so that they can be eligible for the reparations called for in the previous
recommendation.
3.
Render ineffective the General Amnesty Law for the Consolidation of Peace as it
prevents the investigation, trial and sanction of those responsible for human rights violations and the
rights of victims to truth, justice, and reparation. Also, any other de jure or de facto obstacles, such as
judicial or investigative practices, must be eliminated;
4.
Regardless of the above, the State should proceed immediately to investigate in an
impartial, effective manner and within a reasonable time with the purpose to establishing the facts in a
completely, identify the intellectual and material authors and impose the sanctions that correspond. In the
immediate fulfillment of this obligation, the Salvadorian authorities cannot invoke the validity of the
General Amnesty Law for the Consolidation of Peace;
5.
Annul the General Amnesty Law for the Consolation of the Peace and ensure that no
similar legal mechanisms are activated to obstruct the clarification and punishment of crimes against
humanity such as those that occurred in this case.
6.
Take the measures necessary to prevent similar events in the future, in observance of
the duty to respect and guarantee human rights recognized in the American Convention. In particular,