of a long list of disappeared persons, while others were forced to emigrate and lose everything
to save their lives.”
78.
The State indicated that: “it consider[ed] it appropriate to declare expressly its
appreciation to the surviving victims of the massacre who, in a brave and exemplary manner,
permanently testified in their own communities, before the human rights organizations, before
the courts, and before the national and international press, finally allowing the truth to prevail
about these tragic events that the Salvadoran State had regrettably denied in the past. The
State expressed its particular appreciation to Rufina Amaya, survivor of the village of El Mozote
(now deceased), who, based on her struggle, became a symbol of the truth in this case. Also to
Pedro Chicas Romero, Juan Bautista Márquez, Antonio Pereira, Teófila Pereira, Dorila Márquez
and many other person who have testified for many years. The State also acknowledges the
admirable efforts to defend the human rights of the victims in this case of María Julia Hernández
Chavarría, Director of Tutela Legal del Arzobispado, supported by the Archbishop of San
Salvador, Monseigneur Arturo Rivera Damas (both now deceased), who supported the fight for
truth and justice in this and many other similar cases that occurred during the Salvadoran
internal armed conflict, up until the end of their life, both of whom were the voice of hope and
action for the victims and their humanist legacy still influences Salvadoran society. The State
also expresse[d] its appreciation for the invaluable work carried out in this case by the experts
of the Argentine Forensic Anthropology Team, whose contribution as judicial experts granted
scientific certainty to the establishment of the truth about this severe violation of human rights.”
79.
Taking into consideration the State’s acknowledgement, and based on the testimony of
the survivors and of the next of kin who visited the affected areas after the events in order to
inquire about the fate of their family members, on the conclusions of the forensic anthropology
reports on the exhumations that were performed, on the facts established by the Truth
Commission, and on the reports of Tutela Legal del Arzobispado de San Salvador, an
organization dedicated to investigating, documenting and issuing various publications on this
case, the Court will proceed to determine the facts that took place between December 8 and 16,
1981.
a) Background
80.
In 1981, counterinsurgency operations were common (supra paras. 67 to 72); therefore
some of the inhabitants of the northern area of the department of Morazán, in the Republic of El
Salvador, did not live in their homes permanently, but rather hid in woods and caves during the
periods of greatest danger.72
81.
The inhabitants of the north of the department of Morazán were mainly involved in
agricultural and domestic activities, such as growing corn in their milpas, growing sugar cane,
spinning thread from sisal, and sawing lumber.73 Some people were members of agricultural
cooperatives.74 The families also had farm animals, horses and/or livestock.75
72
Cf. Witness statement made by María Teófila Pereira Argueta before the Second First Instance Court of San
Francisco Gotera on January 23, 1991 (evidence file, tome III, annex 23 to the submission of the case, folio 1701);
Victim statement made by María Teófila Pereira Argueta before the Second First Instance Court of San Francisco Gotera
on February 18, 1991 (evidence file, tome III, annex 23 to the submission of the case, folio 1731); Victim statement
made by Lidia Chicas Mejía before the Second First Instance Court of San Francisco Gotera on August 21, 1992
(evidence file, tome III, annex 23 to the submission of the case, folio 2351); Sworn statement made by María del
Rosario López Sánchez before the Oficina de Tutela Legal del Arzobispado on June 19, 2011 (evidence file, tome VIII,
annex 3 to the pleadings and motions brief, folios 5522 to 5523); Affidavit provided by Juan Bautista Márquez Argueta
on April 1, 2012 (evidence file, tome XVII, affidavits, folio 10276), and Affidavit provided by Juan Antonio Pereira Vigil
on April 2, 2012 (evidence file, tome XVII, affidavits, folio 10289).
73
Cf. Affidavit provided by Juan Bautista Márquez Argueta on April 1, 2012 (evidence file, tome XVII, affidavits,
folio 10278); Witness statement made by Domingo Vigil Amaya before the Second First Instance Court of San Francisco
Gotera on January 30, 1991 (evidence file, tome III, annex 23 to the submission of the case, folio 1715); Victim
statement made by Vigil Amaya before the Second First Instance Court of San Francisco Gotera on March 5, 1991
(evidence file, tome III, annex 23 to the submission of the case, folio 1741); Sworn statement made by María Erlinda
Amaya Márquez before the Oficina de Tutela Legal del Arzobispado on June 25, 2011 (evidence file, tome VIII, annex 3
to the pleadings and motions brief, folio 5590); Affidavit provided by Antonia Guevara Díaz on April 1, 2012 (evidence
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