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Chingo and La Cruz hills, where they were raped. This assertion is based on statements taken by the
Tutela Legal, which included some soldiers who declared that they had “raped many young women
before killing them” in the village of El Mozote.
257.
This information is consistent with the manner in which the massacre in that village was
conducted: in contrast to what happened in the other, nearby places, the women were separated from the
men and were killed in several groups, beginning with the youngest, according to the statement of Rufina
Amaya, who was present in one of the groups but was able to escape.
258.
The Commission notes the difficulties in obtaining proof in a case such as this. Those
difficulties are compounded by the fact that the rapes were committed in the only village from which there
was only one survivor. Moreover, approximately 12 years elapsed after the massacres before an
investigation was opened and when that finally occurred no proper methods were employed to exhume
the remains of the victims and conduct forensic examinations into these issues. In light of the situation,
the Commission considers that the statements taken by the Tutela Legal constitute proof, which the State
has not contradicted through serious and diligent investigations, that an indeterminate group of women
were raped in the village of El Mozote on December 11, 1981, prior to their extrajudicial execution.
259.
Having analyzed the allegations of the parties, and the questions of law involved, the
Commission concludes that the State of El Salvador is responsible for violating the rights enshrined in
articles 5.1, 5.2 and 11.2 of the American Convention, taken in concordance with the obligations of article
1.1 of that instrument, to the detriment of an indeterminate group of women who were in the village of El
Mozote at the time of the massacre.
260.
As discussed subsequently in this report, it is the duty of the State to complete the
required investigations and to identify the victims of rape.
E.
The right to property (article 21 of the Convention in relation to article 1.1 thereof)
for the survivors and relatives of the victims
261.
Article 21.1 of the American Convention establishes:
1. Everyone has the right to the use and enjoyment of his property. The law may subordinate such
use and enjoyment to the interest of society.
262.
Article 1.1 of the American Convention declares:
The States Parties to this Convention undertake to respect the rights and freedoms recognized
herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those
rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion,
political or other opinion, national or social origin, economic status, birth, or any other social
condition.
263.
The goods to which the right to property apply have been defined by the Inter-American
Court as “those material objects that may be appropriated, and also any right that may form part of a
person’s patrimony; this concept includes all movable and immovable property, corporal and incorporeal
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elements, and any other intangible object of any value.”
264.
The Commission observes that, by their nature, counterinsurgency operations such as
those that resulted in the massacres examined in this report, were qualified as “scorched earth” and had
the purpose of “cutting the guerrillas’ lifeline”. Those operations sought not only to kill people but also to
destroy their homes and eliminate all possible means of livelihood, so that the places would remain
abandoned or depopulated and the few survivors would be unable to continue living there. These
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I-A Court, Ivcher Bronstein vs. Peru. Judgment of 6 February 2001. Series C No. 74, Para. 122; and Masacres de
Ituango vs. Colombia. Judgment of 1 July 2006. Series C No. 148, Para. 174