RESOLUTION Nš 23/83
1. In a
communication of March 6, 1980, the following complaint was made to the
Inter-American Commission on Human Rights:
February 28, 1980 at 5:00 a.m., military forces occupied the rural
villages of Santa Marta, Sensuntepeque (64 kilometers northeast of the
capital, and in addition to looting these places and burning the houses,
they also murdered Pedro Gamez (23 years); Pedro Lainez (25 years);
Fidencio Velasquez (27 years); Demecio Recinos (36 years); Bonifacio
Hernandez (28 years); Conrado Hernandez (80 years); and Francisco Leiva
2. In a note of
March 31, 1980, the Commission transmitted the pertinent parts of this
complaint to the Government of El Salvador, requesting that it provide
the relevant information.
3. Upon receiving
no reply, the Commission again addressed the Government of El Salvador
in a note of May 18, 1982, repeating its request for information and
announcing the possible application of Article 39 of its Regulations, on
the presumption that the facts reported were true.
4. On May 26,
1983, the Commission once more repeated its request for information of
the Government of El Salvador, referring to its past note of May 18,
1. That to date
the Government of El Salvador has not replied to the Commission's
request for information, contained in its note of March 31, 1980, May
18, 1982 and May 26, 1983; and
2. That Article 39
of the Regulations establishes as follows:
facts reported in the petition whose pertinent parts have been
transmitted to the government of the state in reference shall be
presumed to be true if, during the maximum period set by the Commission
under the provisions of Article 31 paragraph 5, the government has not
provided the pertinent information, as long as other evidence does not
lead to a different conclusion.
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RESOLVES:
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 villages of Santa Marta, Sensuntepeque, and the
murder of the campesinos Pedro Gamez, Pedro Lainez, Fidencio Velasquez,
Demecio Recinos, Bonifacio Hernandez, Conrado Hernandez, and Francisco
2. To declare that
the Government of El Salvador is responsible in this case for the
violation of Articles 4 (Right to Life) and 7 (Right to Personal Liberty
and Security) of the American Convention on Human Rights.
3. To recommend to
the Salvadoran Government that it investigate the acts denounced and
inform the Commission within a period of 60 days.
4. To transmit
this resolution to the Salvadoran Government and to the claimants.
5. If after the 60
days have passed the Government of El Salvador has not presented
information on the measures taken, the Commission shall include this
resolution in its Annual Report to the General Assembly of the
Organization of American States, in accordance with Article 59 (g) of
the Regulations of the Commission.