University of Minnesota Human Rights Library

Report on the Situation of Human Rights in El Salvador, Inter-Am. C.H.R., OEA/Ser.L/II.85, Doc. 28 rev. (1994).

II. EL SALVADOR AND ITS INTERNATIONAL COMMITMENTS IN THE AREA OF HUMAN RIGHTS: THE AMERICAN CONVENTION. INDIVIDUAL CASES

1. Reports on individual cases that the Commission adopted between 1983 and 1993. The response from the Government of El Salvador

Before examining the admissibility of the recent cases denounced to the Commission, the following is a summary of those reports on individual cases that the Commission approved and subsequently published during the period of armed conflict. Unfortunately, in not one of these cases did the authorities respond to the Commission's recommendations, follow up on its requests or recognize the compulsory jurisdiction of the Inter-American Court of Human Rights, despite the Commission's recommendations to that effect.

The Inter-American Commission on Human Rights is confident that in this new era of reconciliation and reconstruction, the Government's attitude vis-a-vis cases being processed and those on which a report is produced will be different from that of previous administrations and that recommendations made by the Commission in its area of competence will be implemented. The Commission has repeatedly called upon the Government to acknowledge the compulsory jurisdiction of the Inter-American Court of Human Rights, and the Truth Commission made a specific recommendation to that effect. It is hoped that the Government will finally recognize the Court's jurisdiction, thereby demonstrating that it is indeed willing to change and carry out the recommendations made by international organizations.

The following is a summary of the doctrine that the Commission has been shaping since 1983 in its recommendations to the Salvadoran Government on individual cases. Although those recommendations were never heeded, they are as valid and as important today as they were when first adopted:

Report No. 17/83 - Case 7,571

Victims: Sister Ita Ford

Sister Maura Clark

Sister Dorothy Koesel

Jean Donovan

Date: June 30, 1983

The Commission resolved:

1. To declare that the material facts of this petition constitute extremely grave violations of the right to life (Article 4), the right to humane treatment (Article 5), the right to privacy (Article 11) and the obligation of States Parties to respect and enforce the American Convention on Human Rights (Article 1.1).

2. To deplore the delay and denial of justice implicit in the fact that, despite the time that has passed the authors of the murders and outrages committed against United States nuns Ita Ford and Maura Clark of the Maryknoll Order, Dorothy Koesel of the Ursuline Congregation and Jean Donovan have thus far been neither tried nor punished, according to the petition and the evidence pointing to the fact that these murders were committed by members of the Salvadoran Armed Forces during a military operation.

3. To ask the Government of El Salvador to remit to this Commission copies of the investigations conducted to establish the identity of those who planned and carried out these crimes.

4. To recommend to the Government of El Salvador that it call for the following: a) that the investigation of the denounced facts be concluded as promptly as possible; b) that it punish all material and intellectual authors of these crimes and those who in one way or another obstructed and impaired their investigation; and c) that it inform the Commission within 90 days of the measures taken in connection with this situation.

Report No. 22/83 - Case 6,717

Victims: Antonia Guardado

María Guardado

Rafael Navarro

Berta Lidia Landaverde

Luisa Abrego

The six-month old daughter of Luisa Abrego

Date: October 4, 1983

The Commission resolved:

1. Based on Article 39 of its Regulations, to presume as true the events reported in the communication of March 6, 1980, concerning the burning and destruction of the rural communities of El Rosario, Plan Ojos de Agua, La Laguna, El Terreno, El Comón and Lomona, in Dulce Nombre de María, Chalatenango, by Salvadoran troops who murdered Antonia Guardado, María Guardado, Rafael Navarro, Berta Lidia Landaverde and Luisa Abrego and her 6-month old infant daughter.

2. To declare that the Government of El Salvador is responsible for violation of Article 4 (right to life) and Article 5 (right to humane treatment) of the American Convention on Human Rights.

3. To recommend to the Salvadoran Government that it investigate the facts denounced and report to the Commission within a period of 60 days.

Report No. 23/83 - Case 6,718

Victims: Pedro Gámez

Pedro Laines

Fidencio Velásquez

Demecio Recinos

Bonifacio Hernández

Conrado Hernández

Francisco Leiva

Date: October 4, 1983

The Commission resolved:

1. Based on Article 39 of its Regulations, to presume to be true the events reported in the communication of March 6, 1980, concerning the looting and burning of the rural communities of Santa Marta, Sensuntepeque, and the murder of the campesinos Pedro Gámez, Pedro Laines, Fidencio Velásquez, Demecio Recinos, Bonifacio Hernández, Conrado Hernández, and Francisco Leiva.

2. To declare that the Government of El Salvador is responsible for violation of Articles 4 (right to life) and 5 (right to humane treatment) of the American Convention on Human Rights.

3. To recommend to the Salvadoran Government that it investigate the facts denounced and report to the Commission within a period of 60 days.

Report No. 24/83 - Case 6,719

Victims: Santos González

Martín González

Víctor Antonio Turcios

Narciso Antonio Cueva

Date: October 4, 1983

The Commission resolved:

1. On the basis of Article 39 of its Regulations, to presume as true the facts reported in the communication of March 6, 1980, concerning military actions taken against the rural communities of Conchaguita, Amapalita and El Farito de la Unión in which port workers Santos González, Martín González and Víctor Antonio Turcios were murdered.

2. To declare that the Government of El Salvador is responsible for violation of Articles 4 (right to life) and 5 (right to humane treatment) of the American Convention on Human Rights.

3. To recommend to the Salvadoran Government that it investigate the facts denounced and report to the Commission within a period of 60 days.

Report No. 25/83 - Case 6,720

Victims: Aída Escobar

Felix Rivera

Date: October 4, 1983

The Commission resolved:

1. On the basis of Article 39 of its Regulations, to presume as true the facts reported in the communication of March 6, 1980, concerning the murder of peasants Aída Escobar and Félix Rivera by members of the Salvadoran National Guard.

2. To declare that the Government of El Salvador is responsible for violation of Articles 4 (right to life) and 5 (right to humane treatment) of the American Convention on Human Rights.

3. To recommend to the Salvadoran Government that it investigate the facts denounced and report to the Commission within a period of 60 days.

Report No. 14/85 - Case 6,724

Victims: Wilfredo Loyola

Isabel Avalos

Guadalupe Monge

Date: March 5, 1985

The Commission resolved:

1. To presume to be true the facts reported in the communication of March 6, 1980, concerning the murder of campesinos Wilfredo Loyola, Isabel Avalos and Aminta Artigas while they were in the custody of the armed forces of El Salvador, after having been taken in the invasion by those forces of the community of Cacao in Cinquera.

2. To point out to the Government of El Salvador that such acts constitute very serious violations of the right to life (Article 4) and the freedom against arbitrary arrest (Article 7) upheld in the American Convention on Human Rights.

3. To recommend to the Government of El Salvador that it order a thorough and impartial investigation to identify those responsible for the facts denounced and to punish them in accordance with Salvadoran law, reporting to the Commission within 60 days the measures taken to implement the recommendations set forth herein.

Report No. 28/88 - Case 9,844

Victim: Miguel Angel Rivas Hernández

Date: September 13, 1988

The Commission resolved:

1. To energetically condemn the official practice of government security forces involving the forced detention/disappearance of individuals and in particular, in the instant case, that of Miguel Angel Rivas Hernández.

2. To call upon the Government of El Salvador to reflect upon the seriousness of the facts in the instant case and on the irregularity arising out of its failure to reply to the IACHR and cooperate with it.

3. To urge the competent authorities of the Republic of El Salvador to investigate this obvious case of abusive official kidnapping, violation of legal guarantees and continued violation of the rights to personal freedom and due process of law being perpetrated against the person of Miguel Angel Hernández.

4. To repeat the earlier recommendations to the effect that a thorough investigation be ordered to determine the identity of those responsible for the facts denounced and the whereabouts and exact location of the victim and, in accordance with the laws of El Salvador, to punish those directly and indirectly responsible for these events.

Report No. 24/89 - Case 9,810

Victim: Miguel Angel Ramos Ayala

Date: September 28, 1989

The Commission resolved:

1. To declare, in light of the foregoing, that in the case of the murder of Miguel Angel Ramos Ayala the Government of El Salvador has violated Articles 4 (right to life), 5 (right to humane treatment), and 7 (right to personal liberty), in relation to Article 1.1 of the American Convention on Human Rights, to which El Salvador is a Party.

2. To recommend to the Government of El Salvador that it order a complete and impartial investigation to identify those responsible for the facts denounced and punish them in accordance with Salvadoran law, that a just compensation be granted to the victim's next-of-kin, and that it advise the Commission within 90 days of the steps taken pursuant to the recommendations in this resolution.

Report No. 25/89 - Case 9,811

Victims: Felipe Bernal Martínez

Julián Bernal Martínez

Domingo Bernal Martínez

Date: September 28, 1989

The Commission resolved:

1. To declare, in light of the foregoing, that in the case of the murders of Felipe Bernal Martínez, Julián Bernal Martínez, and Domingo Bernal Martínez the Government of El Salvador has violated Articles 4 (right to life), 5 (right to humane treatment) and 7 (right to personal liberty), in relation to Article 1.1 of the American Convention on Human Rights, to which El Salvador is a Party.

2. To recommend to the Government of El Salvador that it order a thorough and impartial investigation to identify those responsible for the facts denounced and to punish them in accordance with Salvadoran law, that fair compensation be granted to the victims' next-of-kin and that it advise the Commission within 90 days of the steps taken pursuant to the recommendations in this resolution.

Report No. 26/89 - Case 10,179

Victims: Sebastian Gutiérrez

José Mario Cruz Rivera

Félix Rivera

Date: September 28, 1989

The Commission resolved:

1. To declare that by virtue of its responsibility in the detention, torture, mutilation and summary execution of Felix Antonio Rivera and José Mario (Mariano) Cruz Rivera the Government of El Salvador violated Articles 4 (right to life), 5 (right to humane treatment), and 7 (right to personal liberty) in relation to Article 1.1 of the American Convention on Human Rights.

2. To declare that by virtue of its responsibility in the detention and subsequent disappearance of Sebastian Gutiérrez, the Government of El Salvador violated Articles 4 (right to life), 5 (right to humane treatment), and 7 (right to personal liberty) in relation to Article 1.1 of the American Convention on Human Rights.

3. To recommend to the Government of El Salvador that it call for a thorough investigation of the grave facts reported in the denunciation to bring to light the responsibility of the members of its Armed Forces who participated directly or indirectly in those events so that they may receive the appropriate punishment under the law, that fair compensation be granted to the victims' families, and that within 90 days it advise the Commission of the measures it has taken.

Report No. 27/89 - Case 10,201

Victims: Arturo Navarro García

Arnoldo Cerrito

Vicente Cerrito

Date: September 28, 1989

The Commission resolved:

1. To declare, in light of the foregoing, that by its responsibility in the detention, torture and summary execution of Arturo Navarro García, Arnoldo Cerrito and Vicente Cerrito and its failure to grant them due process the Government of El Salvador has violated Articles 4 (right to life), 5 (right to humane treatment), 7 (right to personal liberty) and 8 (right to a fair trial) of the American Convention on Human Rights.

2. To recommend to the Government of El Salvador that it order a thorough and impartial investigation of the facts denounced in order to establish the responsibility of the members of its Armed Forces that participated directly or indirectly in their commission, so that they may be punished in accordance with Salvadoran Law; that fair compensation be granted to the victims' next-of-kin and that it advise the Commission within 90 days of the measures taken.

Report No. 28/89 - Case 10,252

Victims: José María Flores

Nicolás Alfaro

Atilio Rivas

Francisco Alfaro

José Felix Ayala

María Zoila Rivas

José Ulises Sibrian

María Jesús Sibrian

Jesús Zepeda

Teresa Argueta

Date: September 28, 1989

The Commission resolved:

1. To declare that by virtue of its responsibility in the detention, abuse, torture, and extrajudicial summary execution of José María Flores, Nicolás Alfaro, Atilio Rivas, Francisco Alfaro, José Felix Ayala, María Zoila Rivas, José Ulises Sibrian, María Jesús Sibrian, Jesús Zepeda and Teresa Argueta, the Government of El Salvador violated Articles 4 (right to life), 5 (right to humane treatment) and 7 (right to personal liberty), in relation to Article 1.1 of the American Convention on Human Rights.

2. To recommend to the Government of El Salvador that it order a thorough investigation into the serious facts reported in this petition in order to bring to light the responsibility of the members of its armed forces who participated directly or indirectly in these events so that they may be punished according to the law; that fair compensation be granted to the victims' next-of-kin, and that within 90 days it advise the Commission of the measures taken.

Report No. 1/91 - Case 9,999

Victim: Manuel Antonio Alfaro Carmona

Date: February 13, 1991

The Commission resolved:

1. To declare that the Government of El Salvador is responsible for violation of the right to life and the right to personal liberty and security in the case of Manuel Antonio Alfaro Carmona, age 15, because of the actions of its agents who detained him at his domicile on November 7, 1986, since which time he has been disappeared, all of which constitutes a violation of Articles 4 and 7 of the American Convention on Human Rights, of which El Salvador is a State Party.

2. To ask the Government to accept the jurisdiction of the Inter-American Court of Human Rights in the specific case referred to in this report.

3. To recommend to the Government of El Salvador that it undertake an exhaustive investigation into the events in order to clarify the circumstances, particularly the whereabouts of Manuel Antonio Alfaro Carmona, to identify those responsible and to bring them to justice.

Report No. 2/91 - Case 10,000

Victim: Wilfredo Najarro Vivas

Date: February 13, 1991

The Commission resolved:

1. To declare that the Government of El Salvador is responsible for violating the right to life, the right to humane treatment and the right to personal liberty in the case of Wilfredo Najarro Vivas, age 20, because of the actions of its agents who detained him at his domicile on November 9, 1986, since which time he has been disappeared, all of which constitutes a violation of Articles 4, 5 and 7 of the American Convention on Human Rights, of which El Salvador is a State Party.

2. To ask the Government to accept the jurisdiction of the Inter-American Court of Human Rights in the specific case referred to in this report.

3. To recommend to the Government of El Salvador that it undertake an exhaustive investigation into the events in order to clarify the circumstances, in particular the whereabouts of Wilfredo Najarro Vivas, to identify those responsible and to bring them to justice.

Report No. 3/91 - Case 10,001

Victim: José Walter Cháves Palacios

Date: February 13, 1991

The Commission resolved:

1. To declare that the Government of El Salvador is responsible for violation of the right to life, the right to humane treatment and the right to personal liberty in the case of José Walter Chávez Palacios, age 15, because of the actions of its agents who detained him at his residence on November 9, 1986, since which time he has been disappeared, all of which constitutes a violation of Articles 4, 5 and 7 of the American Convention on Human Rights, of which El Salvador is a State party.

2. To ask the Government to accept the jurisdiction of the Inter-American Court of Human Rights in the specific case referred to in this report.

3. To recommend to the Government of El Salvador that it undertake an exhaustive investigation into the events in order to clarify the circumstances, in particular the whereabouts of José Walter Chávez Palacios, to identify those responsible and to bring them to justice.

Report No. 3/92 - Case 10,003

Victim: Pedro José Castro Alvarenga

Date: February 4, 1992

The Commission resolved:

1. To declare that the Government of El Salvador is responsible for violation of the right to life, the right to personal liberty and the right to judicial protection (Articles 4, 7 and 25 of the Convention) in the case of Pedro José Castro Alvarenga, who disappeared on April 25, 1987, when he was taken from his home in San Salvador by heavily armed men in civilian dress, according to the complaint received by the Commission on May 4, 1987.

2. To declare that the Government of El Salvador has failed to comply with its obligation under Article 1.1 of the American Convention on Human Rights, which is to respect the human rights and fundamental guarantees recognized therein.

3. Pursuant to Article 50.3 of the Convention and Article 47 of the Regulations of the Commission, to make the following recommendations to the Government of El Salvador:

a. That it conduct an exhaustive, rapid and impartial investigation into the facts denounced so as to identify those responsible and bring them to trial so that they may receive the punishment that such grave conduct warrants.

b. That it adopt the necessary measures to avoid the commission of similar crimes hereinafter.

c. That it make reparations for the consequences of the situation created by the violation of the aforementioned rights and pay the injured parties a fair compensation.

Report No. 4/92 - Case 10,103

Victims: Francisco Hernández Quintanilla

Juan Armando Martínez

José Antonio Zarpate Juárez

Date: February 4, 1992

The Commission resolved:

1. To declare that the Government of El Salvador is responsible for violating the right to life, the right to personal liberty and the right to judicial protection (Articles 4, 7 and 25 of the Convention) of Francisco Hernández Quintanilla, Juan Armando Martínez and José Antonio Zarpate Juárez, who disappeared on June 29, 1987, after being seized at their place of work, the Bella Vista ranch, Guadalupe district, Apopa, El Salvador, by soldiers of the First Infantry Brigade, according to the communication received by the Commission on September 9, 1987.

3. To make the following recommendations to the Government of El Salvador, pursuant to Article 50.3 of the Convention and Article 47 of the Commission's Regulations:

a. That it conduct a thorough, swift and impartial investigation into the facts denounced in order to identify those responsible and bring them to justice, so that they may receive the penalties that such grave conduct warrants.

b. That it adopt the measures necessary to avoid a recurrence of such events in the future.

c. That it make reparations for the consequences of the violation of the aforementioned rights and pay the injured parties fair compensation.

Report No. 5/92 - Case 10,151

Victims: José Javier Santamaría Medina

José Luis Cornejo

Angel de Jesús Santamaría Raymundo

Date: February 4, 1992

The Commission resolved:

1. To declare that the Government of El Salvador is responsible for violation of the right to life and the right to humane treatment (Articles 4 and 5 of the Convention) of José Javier Santamaría Medina, José Luis Cornejo and Angel de Jesús Santamaría Raymundo, according to the communication received by the Commission on February 5, 1988.

2. To declare that the Government of El Salvador has failed to honor its obligation under Article 1.1 of the American Convention on Human Rights, which is to respect human rights and fundamental guarantees.

3. To make the following recommendations to the Government of El Salvador pursuant to Article 50.3 of the Convention, and Article 47 of the Regulations of the Commission:

a. That it conduct a swift, exhaustive and impartial investigation into the events denounced in order to identify those responsible and bring them to justice, so that they may receive the punishment that such grave conduct demands.

b. That it adopt the measures necessary to prevent the commission of similar crimes in the future.

c. That it make reparations for the consequences of the situation that violation of those human rights has created and pay the aggrieved parties fair compensation.

Report No. 6/92 - Case 10,190

Victim: José Angel Alas Gómez

Date: February 4, 1992

The Commission resolves:

1. To declare that the Government of El Salvador has violated the right to life and the right to humane treatment of José Angel Alas Gómez, who died while in custody at the San Salvador headquarters of the Treasury Police on January 13, 1988, according to a communication received by the Commission on March 16, 1988.

2. To declare that the Government has failed to comply with its obligations under Article 1.1 of the American Convention on Human Rights, namely to respect human rights and fundamental guarantees recognized therein.

3. To declare that these events constitute violations of the right to life and the right to humane treatment, upheld in Articles 4 and 5 of the American Convention.

4. To make the following recommendations to the Government of El Salvador, based on Article 50.3 of the Convention and Article 47 of the Regulations of the Commission:

a. That it conduct a swift, thorough and impartial investigation of the facts denounced in order to identify those responsible and bring them to justice so that they may receive the punishment that such grave conduct demands.

b. That it adopt the measures necessary to avoid a recurrence of such acts in the future.

c. That it make reparations for the consequences of the situation created by the violation of the aforementioned rights and pay the injured parties fair compensation.

Report No. 7/92 - Case 10,211

Victim: Eliseo Córdova Aguilar

Date: February 4, 1992

The Commission resolved:

1. To declare that the Government of El Salvador is responsible for violation of the right to life, the right to personal liberty and the right to judicial protection (Articles 4, 7 and 25 of the Convention) of Mr. Eliseo Córdova Aguilar who, according to the communication received at the Commission on July 25, 1988, was detained on July 12, 1988, at 8:00 p.m. in Ilopango, department of San Salvador, and was never seen again.

2. To declare that the Government of El Salvador has failed to honor its obligations under Article 1.1 of the American Convention on Human Rights, namely to respect the human rights and fundamental guarantees recognized therein.

3. To make the following recommendations to the Government of El Salvador, pursuant to Article 50.3 of the Convention and Article 47 of the Regulations of the Commission:

b. That it adopt the measures necessary to prevent the commission of similar crimes in the future.

c. That it make reparations for the consequences of the situation that its violations of those human rights has created and pay the injured parties fair compensation.

Report No. 8/92 - Cases 10,227 and 10,333

Victims: Julio Ernesto Fuentes Pérez (a minor)

William Fernández Rivera

Raquel Fernández Rivera

Date: February 4, 1992

The Commission resolved:

1. To declare that based on the communications received at the Commission on July 15, 1988, and May 1, 1989, the Government of El Salvador is responsible for violations of the rights to life, humane treatment, personal liberty and judicial protection (Articles 4, 5, 7 and 25 of the Convention) of the child Julio Ernesto Fuentes Pérez, Mr. William Fernández Rivera and Mrs. Raquel Fernández Rivera, because of the actions of its agents who abducted, tortured and killed these three people.

2. To declare that the Government of El Salvador has failed to comply with its obligations under Article 1.1 of the American Convention on Human Rights, namely to respect the human rights and fundamental guarantees recognized therein.

3. To make the following recommendations to the Government of El Salvador, based on Article 50.3 of the American Convention and Article 47 of the Regulations of the Commission:

a. That it conduct a thorough, swift and impartial investigation into the facts denounced in the hope of finding the child Julio Ernesto Fuentes Pérez and Mr. William Fernández Rivera and Mrs. Raquel Fernández Rivera alive, and to identify those responsible for their disappearance and bring them to trial, so that they may receive the punishment that such grave conduct warrants.

b. That it adopt the measures necessary to avoid the commission of similar crimes in the future.

c. That it make reparation for the consequences of the situation created by the violation of the aforementioned rights and pay a fair compensation to the injured parties.

Report No. 9/92 - Case 10,256

Victim: Francisco Alberto Martínez Marroquín

Date: February 4, 1992

The Commission resolved:

1. To declare that the Government of El Salvador is responsible for violation of the right to humane treatment and the right to personal liberty (Articles 5 and 7 of the Convention) in the case of Mr. Francisco Alberto Martínez Marroquín, based on the complaint received at the Commission in October of 1988.

2. To declare that the Government of El Salvador has failed to honor its obligations under Article 1.1 of the American Convention on Human Rights, namely to respect human rights and fundamental guarantees recognized therein.

3. To make the following recommendations to the Government of El Salvador, pursuant to Article 50.3 of the Convention and Article 47 of the Regulations of the Commission

b. That it adopt the measures necessary to prevent the commission of similar crimes in the future.

c. That it make reparations for the consequences of the situation that its violation of those human rights has created and pay the aggrieved parties a fair compensation.

Report No. 10/92 - Case 10,257

Victims: Rosa Marta Cerna Alfaro

Ismael Hernández Flores

Date: February 4, 1992

The Commission resolved:

1. To declare that in accordance with the communication received at the Commission in October 1988, the Government of El Salvador is responsible for violation of the rights to humane treatment and personal liberty (Articles 5 and 7 of the Convention) of Rosa Marta Cerna Alfaro and Ismael Hernández Flores.

3. To make the following recommendations to the Government of El Salvador, based on Article 50.3 of the American Convention and Article 47 of the Regulations of the Commission:

a. That it conduct a thorough, swift and impartial investigation into the facts denounced in order to identify those responsible and bring them to trial, so that they may receive the punishment that such grave conduct warrants.

b. That it adopt the measures necessary to avoid the commission of similar crimes in the future.

c. That it make reparations for the consequences of the situation created by the violation of the aforementioned rights and pay a fair compensation to the injured parties.

Report No. 11/92 - Case 10,284

Victim: Manuel de Jesús Munguía Choto

Date: February 4, 1992

The Commission resolved:

1. To presume to be true the facts in the petition of October 27, 1988, denouncing the extrajudicial execution of Manuel de Jesús Munguía Choto in Lourdes in the department of La Libertad, El Salvador, on July 14, 1988, while he was in the custody of the local National Guard.

3. To declare that such acts constitute violations of the right to life and the right to humane treatment, recognized in Articles 4 and 5 of the American Convention.

4. To make the following recommendations to the Government of El Salvador, based on Article 50.3 of the Convention and Article 47 of the Regulations of the Commission:

a. That it conduct a thorough, rapid and impartial investigation into the facts denounced, in order to bring those responsible to justice so that they may receive the punishment warranted by such grave conduct.

b. That it adopt the necessary measures to prevent the commission of such crimes in the future.

c. To make reparation for the consequences of the violation of said rights and to pay the next-of-kin just compensation.

Report No. 12/92 - Case 10,323

Victim: Mesías Elías Hernández Anzora

Date: February 4, 1992

The Commission resolved:

1. To declare that based on the communication received by the Commission on April 26, 1989, the Government of El Salvador is responsible for violation of the rights to life, personal liberty and judicial protection (Articles 4, 7 and 25 of the Convention) in the case of Mr. Elías Hernández Anzora, who disappeared after being seized in the Las Delicias district, San Martín, San Salvador, El Salvador, by soldiers of the San Martín Civil Defense and the Salvadoran Air Force (FAS).

3. To make the following recommendations to the Government of El Salvador, based on Article 50.3 of the American Convention and Article 47 of the Regulations of the Commission:

a. That it conduct a thorough, rapid and impartial investigation into the facts denounced, in order to bring those responsible to justice so that they may receive the punishments warranted by such grave conduct.

b. That it adopt the necessary measures to prevent the commission of such crimes in the future.

c. To make reparations for the consequences in the violation of said rights and to pay the next-of-kin a just compensation.

Report No. 13/92 - Case 10,399

Victims: Andrés Colindres Vásquez

María Luisa Panameño

Miguel Colindres Panameño

Manuel Antonio Colindres Panameño

Date: February 4, 1992

The Commission resolved:

1. To declare that as denounced in the communication received at the Commission on June 2, 1989, the Government of El Salvador is responsible for violation of the rights to life, personal liberty and judicial protection (Articles 4, 7 and 25 of the Convention) in the case of Andrés Colindres Vásquez, María Luisa Panameño, Miguel Colindres Panameño and Manuel Antonio Colindres Panameño.

3. To make the following recommendations to the Government of El Salvador, based on Article 50.3 of the American Convention and Article 47 of the Regulations of the Commission:

a. That it conduct a thorough, swift and impartial investigation into the facts denounced to identify those responsible and bring them to trial so that they may receive the punishment that such grave conduct warrants.

b. That it adopt the measures necessary to avoid the commission of similar crimes in the future.

c. That it make reparation for the consequences of the situation created by the violation of the aforementioned rights and pay a fair compensation to the injured parties.

Report No. 14/92 - Case 10,447

Victim: Leonardo Ramírez Murcia

Date: February 4, 1992

The Commission resolved:

1. To declare that based on the complaint received at the Commission on July 21, 1989, the Government of El Salvador is responsible for violation of the right to humane treatment and the right to personal liberty (Articles 5 and 7 of the Convention) in the case of Mr. Leonardo Ramírez Murcia.

3. To make the following recommendations to the Government of El Salvador, based on Article 50.3 of the Convention and Article 47 of the Regulations of the Commission:

a. That it conduct a thorough, swift and impartial investigation into the facts denounced in order to bring those responsible to justice so that they may receive the punishment that such grave conduct warrants.

b. That it adopt the measures necessary to avoid the commission of similar crimes in the future.

c. That it make reparations for the consequences of the violation of said rights and pay the next-of-kin a just compensation.

Report No. 15/92 - Case 10,571

Victim: Erik Felipe Romero Canales

Date: February 4, 1992

The Commission resolved:

1. To presume as true the incidents reported in the correspondence of May 10, and June 14, 1990, concerning the situation of Erik Felipe Romero Canales, who was seized in the La Ermita I development in Apopa at 4:00 p.m. on November 18, 1989, by uniformed soldiers of the First Infantry Brigade and subsequently disappeared.

2. To declare that the Government of El Salvador is responsible for violation of the right to life, the right to personal liberty and the right to judicial protection (Articles 4, 7 and 25 of the Convention).

3. To declare that the Government of El Salvador has failed to comply its obligations under Article 1.1 of the American Convention on Human Rights, namely to respect the human rights and fundamental guarantees recognized therein.

4. To make the following recommendations to the Government of El Salvador, pursuant to Article 50.3 of the Convention and Article 47 of the Regulations of the Commission:

a. That it conduct an exhaustive, rapid and impartial investigation into the facts denounced so that young Erik Felipe Romero Canales will turn up alive and those responsible for his disappearance will be identified and brought to trial, so that they may receive the punishment that such grave conduct warrants.

b. That it adopt the measures necessary to prevent the commission of similar crimes in the future.

c. That it make reparations for the consequences of the situation that its violation of those human rights has created and pay the injured parties fair compensation.

Report No. 26/92 - Case 10.287

Victims: Las Hojas Massacre

Date: September 24, 1992

The Commission concluded

1. To accept as true the facts denounced in connection with the Las Hojas massacre.

2. To declare, therefore, that the Government of El Salvador is responsible for the events denounced in the communication of January 27, 1989, for the summary and extrajudicial execution of approximately 74 civilian victims of whom only the following have been identified: Marcelino Sánchez Viscarra, Benito Pérez Zetino, Pedro Pérez Zetino, Juan Bautista Mártir Pérez, Gerardo Cruz Sandoval, José Guido García, Héctor Manuel Márquez, Martín Mejía Castillo, Antonio Mejía Alvarado, Alfredo Ayala, Lorenzo Mejía Caravante, Ricardo García Elena, Romelio Mejía Alvarado, Francisco Alemán Mejía and Leonardo López Morales.

3. To declare that the events referred to above constitute violations of the right to life (Article 4), the right to humane treatment (Article 5), the right to due process (Article 8) and the right to judicial protection (Article 25), set forth in the American Convention on Human Rights.

4. To declare that the Government of El Salvador has failed to comply with its obligations under Article 1.1 of the American Convention, namely to guarantee the free and full exercise of the human rights and freedoms to all persons subject to its jurisdiction.

5. To make the following recommendations to the Government of El Salvador, based on Article 50.3 of the Convention and Article 47 of the Commission's Regulations:

a. That it carry out an exhaustive, rapid, and impartial investigation into the events denounced in order to identify all the victims and those responsible and submit the latter to justice in order to establish their responsibility so that they receive the punishment that such serious conduct demands.

b. That it adopt those measures necessary to prevent the commission of similar crimes in the future.

c. That it remedy the consequences of the situation which has arisen from the violation of the aforementioned rights and pay a fair compensation to the next-of-kin of the victims of the massacre.

2. Some Remarks on the Truth Commission

As will be recalled, in the Peace Agreements concluded to end the armed conflict, the parties decided to establish a Truth Commission to "investigate serious acts of violence that occurred since 1980, whose impact on society urgently requires that the truth about them be made known to the public"; and undertook to "comply with the Commission's recommendations." The instructions given to the Commission included making recommendations for the adoption of, pursuant to the Agreements, "such legal, political or administrative provisions as may be derived from findings of its investigations"[4].

Following publication of the Truth Commission Report -- on March 15, 1993 -- some sectors that were indicated as responsible by the United Nations experts, objected to the findings, as did the executive branch of the government,[5] the armed forces and the Supreme Court.

In fact, the Salvadoran armed forces announced on March 23, 1993, that it rejected the Truth Commission's Report, calling it "unfair, incomplete, illegal, unethical, partial and disrespectful," and asserting that "they were proud of having carried out their mission of defending their people and promoting, as demonstrated by their actions throughout this period (...) peace and preserving our democratic and republican system (...)"[6]

The judiciary, the branch of the government most criticized by the Truth Commission Report for its ineffectiveness and tolerance of offenses committed with impunity during the conflict, and its present failure to act, reacted quickly. In addition to the statements of individual officials, the Supreme Court officially rejected the Truth Commission's Report recommending that the Court's justices resign. In a "Statement on the Truth Commission's Report on El Salvador and its annexes," the justices declared that they:

1. Emphatically rejected the conclusions and recommendations made against the justice system in El Salvador in general and against the Supreme Court and the Chief Justice of the Court in the report of the so-called "Truth Commission for El Salvador";

2. Explained that its rejection did not mean that the Salvadoran justice system could not be critically reviewed to make a constructive contribution to overcoming its main problems, shortcomings and deficiencies -- in legislative, organizational, operational and infrastructure areas (...)[7]

The Inter-American Commission on Human Rights has followed this development with interest and regards the Salvadoran officials' attitude toward the recommendations of Truth Commission Report, both the individual and the general investigations, as being of grave concern for prospects for reconciliation.

Unquestionably, inasmuch as the work of the Truth Commission and its specific recommendations are directly related to the international commitments undertaken by El Salvador in the human rights area by virtue of its ratification of such instruments as the American Convention on Human Rights, the IACHR can only urge again that the Truth Commission's recommendations be implemented, and to call upon the Salvador authorities to promptly take the specific measures dealing fundamentally with the administration of justice, administrative punishment for the persons found responsible, and compensation for victims.

Gradual implementation of the Truth Commission's recommendations will help to achieve genuine consolidation and strengthening of institutions, especially in the judiciary, which are essential to put an end to crimes going unpunished in El Salvador. The Inter-American Commission on Human Rights hopes that these measures will be implemented, particularly since they affect the inter-American system for the protection of human rights.

Notes________________________

[4] Mexican Agreements, April 27, 1991.

[5] See II.4. Promulgation of the Amnesty Law and the international commitments in El Salvador. Position of the IACHR.

[6] Selected quotes from the "Position of the Salvadoran armed forces on the Truth Commission Report," San Salvador, March 1993.

[7] Selected quotes from the "Statement on the Report of the Truth Commission for El Salvador and its Annexes," San Salvador, March 1993.

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