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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.
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. 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.
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