53 consequent impossibility of continuing to live there, many persons left for the Republic of Honduras where they took refuge, returning to El Salvador in the early 1990s. 281. The Commission considers that the situation of these persons fits within the definition of forced displacement, and that, because it occurred as a direct consequence of the massacres perpetrated by the Salvadoran army, the State is responsible for violating the rights enshrined in article 22.1 of the American Convention, in concordance with the obligations established in article 1.1 of that instrument, to the detriment of the persons who sought refuge in the Republic of Honduras. 282. The list of victims attached to this report includes persons identified to this date as victims of forced displacement. H. The rights to a fair trial and to judicial protection (articles 8 and 25 of the American Convention in relation to articles 1.1 and 2 thereof); articles 1, 6 and 8 of the InterAmerican Convention to Prevent and Punish Torture; and article 7 of the Convention of Belém do Pará. 283. Article 8.1 of the American Convention declares: Every person has the right to a hearing, with due guarantees and within a reasonable time, by a competent, independent, and impartial tribunal, previously established by law, in the substantiation of any accusation of a criminal nature made against him or for the determination of his rights and obligations of a civil, labor, fiscal, or any other nature. 284. Article 25.1 of the American Convention establishes: Everyone has the right to simple and prompt recourse, or any other effective recourse, to a competent Court or tribunal for protection against acts that violate his fundamental rights recognized by the constitution or laws of the State concerned or by this Convention, even though such violation may have been committed by persons acting in the course of their official duties. 285. Article 1.1 of the American Convention indicates: 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. 286. Article 2 of the American Convention establishes: Where the exercise of any of the rights or freedoms referred to in Article 1 is not already ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance with their constitutional processes and the provisions of this Convention, such legislative or other measures as may be necessary to give effect to those rights or freedoms. 287. Articles 1, 6 and 8 of the Inter-American Convention to Prevent and Punish Torture (hereinafter “the IACPPT”) read as follows: Article 1. The State Parties undertake to prevent and punish torture in accordance with the terms of this Convention. Article 6. (...) The States Parties shall ensure that all acts of torture and attempts to commit torture are offenses under their criminal law and shall make such acts punishable by severe penalties that take into account their serious nature. The States Parties likewise shall take effective measures to prevent and punish other cruel, inhuman, or degrading treatment or punishment within their jurisdiction.

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