43
144. Additionally, the Court considers that state authorities are obligated to
collaborate in gathering evidence to achieve the goals of an investigation, and must
abstain from performing acts which constitute obstructions to the investigation
process155. In the instant case the Secretary of Defense refused to provide certain
documentation required by the courts, arguing that the documentation had been
burned or does not exist (supra para. 87). The Court deems that for the current
investigation this negative response has meant, among other, preventing the
identification of those who participated in the planning and execution of the
massacre, as well as the personal information of those already accused in the
proceeding.
145. In relation to the above, the Court considers that the threats and
intimidations suffered by the witnesses who gave their statements in the domestic
proceeding156 cannot be seen separately, but must be considered within the
framework of obstacles to the investigation of the case. Consequently, such facts
are other means of perpetuating impunity in the instant case and preventing
clarification of the truth of what occurred.
146. Lastly, in relation to the exhumations performed, the Court observes that
although until 1995 the State initiated a series of acts to exhume and identify the
individuals who were killed in the massacre, it did not continue performing actions to
search and locate the rest of the people killed. Likewise, the State has not taken
steps to identify the skeletons already located, so as to end the suffering and
damages to the alleged victims of the case for these facts (supra para. 86 and infra
para. 246 and 247)157.
147. In this regard, the Court calls to mind that within the duty to investigate
exists the right of the victim’s next of kin to know what happened to them, and,
when applicable, to know where their remains lay158. It is the State’s responsibility
to satisfy these fair expectations using the means at its disposal.
148. The Court considers that the State has not fully assumed the investigation of
the facts of the massacre as an obligation, and that the investigation, search, arrest,
prosecution, and eventual punishment of all those responsible have not been
managed effectively, to fully and thoroughly examine the multiple infringements
caused on the population of Las Dos Erres community. Likewise, the investigation
has not been directed toward the determination and delivery of the remains of those
who died in the massacre. Finally the State has not performed with due diligence
the acts necessary to execute the arrest warrants that are in force, nor provided the
collaboration required by the courts so as to clarify the facts. All of this to the
detriment of knowing the truth of what occurred.
155
Case of García Prieto et al. v. El Salvador, supra note 140, para. 112.
156
The State has provided protection and economic aid to those individuals who were obliged to
leave the country, through the Law on the Protection of Procedural Subjects and Individuals connected
with the Administration of Criminal Justice.
157
The exhumation work began on July 4, 1994, and 162 were found at the site known as the well of
Las Dos Erres. Similarly, between May 8, 1995 and July 15, 1995 the exhumation of bodies continued in
the sites of La Aguada and Los Salazares, as well as the identification of 71 other persons, regarding which
the Judge of the case dismissed the request for registration (supra para. 86). From the parties’ claims in
their main briefs and the public hearing, it derives that the majority of the bodies found remain
unidentified to date, and there are others which have not been located.
158
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra note 30, para. 181; Case of Anzualdo
Castro v. Peru, supra note 28, para. 113, and Case of Garibaldi v. Brazil, supra note 23, para. 116.
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