El Salvador 1994 - II. El Savador adn its international commitments in the area of human righs:

3. Applicability of Article 42 of the Regulations of the Commission in certain cases reported to the Inter-American Commission on Human Rights

BACKGROUND

a. Throughout the armed conflict, the Inter-American Commission on Human Rights received and processed numerous petitions concerning violations of the fundamental rights set forth in the American Convention. In some of these cases, it ultimately issued its findings and conclusions.[25] Others cases were filed, some because the complaints were resolved, others because the petitioner so requested, and still others because the petitioners themselves did not follow up after filing the original petition with the Commission, even though they were repeatedly asked to update the information on the situations that they themselves had denounced.

b. It is noteworthy, and this has deeply disturbed the Commission, that in a surprising number of cases the Government of El Salvador has disregarded the petitions that the Commission, through its Executive Secretariat, has repeatedly filed in exercise of authorities that the Convention gives it for the handling of individual cases.

c. When the peace agreements were signed in June 1992, the Government of El Salvador expressed its interest in renewed cooperation with the Commission. The Commission, for its part, updated each of the cases being processed and sent them again to the Government in the hope that the transition period in El Salvador would bring fulfillment of its international obligations and justice for the victims who had for so many years waited for some response concerning the violations that they reported to the Commission.

d. However, despite the fact that over a year has elapsed since the Government was first informed of the gravity of the acts reported, the proofs submitted by the petitioners, and the fact that the great majority of the complaints date back to the 80s, Salvadoran officials have not paid any attention to many of these cases, and although this Commission has repeatedly requested action and has allowed the deadlines called for in its Regulations to lapse, in order to give the Salvadoran officials more time to prepare their defense and to answer the complaints, those who have the duty under the law to give specific and proper responses to them still have not done so.

SUMMARY OF THE CASES REPORTED - THE GOVERNMENT'S RESPONSE

Regarding the Salvadoran Government's contention that the Commission has not taken into consideration its replies to cases 10.334, 10.361, 10.366, 10.368, 10.369, 10.550, and 10.919, the Inter-American Commission on Human Rights regards the Government's replies to these cases as merely a matter of form that do not reflect the existence of conscientious and independent judicial investigations. The Commission requests that, in conformity with the instruments in the inter-American system for the protection of human rights, the Government issue a judicial decision on the individual cases in this report and on the cases decided upon previously by the Commission, that it conduct criminal investigations to punish those responsible for violations, and that it pay appropriate compensation to the victims and their families.

An account of these cases is given below:

Case Nº 9,675

Manuel Antonio Rodríguez

Facts:

At 7:00 p.m. on November 8, 1985, six heavily-armed men wearing military uniforms entered the home of Manuel Antonio Rodríguez, single, age 18. They grabbed him by the neck and beat him. Surrounding the house were approximately 30 uniformed men with a green Armed Forces vehicle. They put Manuel Antonio into the vehicle after threatening his family. As of November 22 of that year, the family were unable to learn the whereabouts of Manuel Antonio, even though they went to various agencies seeking help. They therefore filed a petition of habeas corpus with the Supreme Court. His whereabouts is unknown.

The Government was again asked about the status of the case, and was reminded of the provisions of Article 42, on July 6, 1993. No reply has been received.

Case Nº 9,681
Juan Pablo Mejía Rodríguez

Facts:

On November 21, 1985, a number of men stopped the vehicle in which Mr. Juan Pablo Mejía Rodríguez, a 35-year old farmer, was travelling. Mr. Mejía Rodríguez was returning from a visit to the "La Cabaña" camp in "Corozal" district, San Agustín, department of Usulután. The men forced him to get out of the vehicle and ordered the driver to continue on his way. According to a communication from ACOPAI (Asociación de Cooperativas Productivas Agrícolas), the individuals who kidnapped Juan Pablo Mejía Rodríguez were armed with M-16 rifles and accused the victim of returning from a meeting with guerrillas. The next day, Mr. Mejía Rodríguez's body was found in the "Arrozales" district, San Agustín, department of Usulután. The Judge of First Instance ruled that the cause of death was a bullet to the head. The body had been beaten with rifle butts and both thumbs had lacerations. Until 1985, Mr. Mejía Rodríguez had served as Director General of the National Farmland Finance Company (FINATA). Investigation of this case and punishment of those responsible is requested.

The Government was again asked to report on the status of this case, and was reminded of the provisions of Article 42, on July 6, 1993. A note was received from the Government (September 30, 1993) advising that the case had been in the probable cause proceeding stage ("instrucción") since 1985; no arrests had been made; the body of the victim had been identified; and witnesses had been summoned.

Case Nº 9,717

Teodoro Serafín Carranza Vega

Facts:

Mr. Teodoro Serafín Carranza Vega, age 48, was seized by members of the Civilian Defense Force and soldiers, at his home on San Luis La Planta Street, in the "Natividad" district, department of Santa Ana, on March 4, 1986, at 11:30 p.m. He was taken away and his whereabouts is still unknown. At the time he was seized, he was serving as Secretary of FENACOA (National Federation of Agricultural Cooperatives). A petition of habeas corpus was filed with the Supreme Court, but produced no results.

Information was requested from the Government on February 16, 1993. This request was made again, and the Government was reminded of the provisions of Article 42, of July 6, 1993. In a note of 30 August 1993 on five cases (9717, 10332, 10355, 10360 and 10468), the Government requested that these cases be filed, since these persons are still missing according to information form the CICR. The relevant part of the note said: "The Government of El Salvador has done everything possible to locate the persons mentioned, but so far all its efforts have been fruitless. Moreover, according to the confidential final report from the CICR to the Salvadoran Government, the persons mentioned are among the group that its investigative office have not been able to locate. Accordingly, since all measures possible have been taken by the Salvadoran Government to locate these persons, and no progress has been made in that endeavor, we consider that these cases must be considered closed because there is nothing further that can be done to determine the whereabouts of these persons."

Case Nº 9,757

Renzo Vladimir Cardoza

Juan Cardoza

Facts:

Renzo Vladimir Cardoza, 18, and Juan Cardoza, 12, were murdered at 12:30 p.m. on April 16, 1986, in the Grande de Alvarado river along the road from San Francisco Morazán to Tejutla in Chalatenango. Two children who had been with them and who had stayed behind swimming in the river, heard the shots fired by the troops and were also detained. They, however, were later released, because they were identified as residents of San Francisco Morazán. When the unit patrolling the area killed the Cardoza boys and an unidentified youth, a helicopter following along with the patrol landed and its occupants cut off each child's right ear, thus branding them as "guerrillas". The Cardoza family claimed the bodies of the two boys, but no one ever claimed the body of the third youth. During the burial of the Cardoza children, Armed Forces soldiers threw in the victims' ears.

The Government was again asked for information, and was reminded of the provisions of Article 42, on July 6, 1993. A Government note of September 1993 on six cases (9757, 10005, 10178, 10184, 10292, and 10296) asked that the cases be filed because the complaints had never been brought to trial, since the Government alleges that "As we can see, the petitioners did not even file a complaint with the courts to investigate the cases, nor did they appeal for an internal investigation. For these reasons, the Government of El Salvador respectfully requests that these cases be filed."

Case Nº 10,005

Vicenta del Carmen Lainez Lainez

Facts:

Vicenta del Carmen Lainez Lainez, age 20, single and a domestic by trade, was seized at 1:00 p.m. on April 26, 1987, by a group of some four men in civilian dress, heavily armed, in a creme-color volkswagen vehicle, with no license plates. At the time, she was walking near radio station YSC, kilometer 7.5 on the Northern Main Highway. Her whereabouts and the reasons for her arrest are still unknown.

The Government was again asked for information, and was reminded of the provisions of Article 42, on July 6, 1993. In a note of September 1993 on six cases (9757, 10005, 10178, 10184, 10292, and 10296) The Government asked that the cases be filed because the complaints had never been brought to trial, so the Government alleges that "As we can see, the petitioners did not even file a complaint with the courts to investigate the cases, nor did they appeal for an internal investigation. For these reasons, the Government of El Salvador respectfully requests that these cases be filed."

Case Nº 10,012

Antonio Hernández Martínez

Facts:

Mr. Hernández Martínez, 42, Secretary General of the National Association of Farmers of the Province of San Miguel, was arrested by soldiers, tortured and then decapitated on April 16, 1987, in the San Luis de la Reina district, department of San Miguel. His body, riddled by machine gun fire, was found on May 2 by members of the ANTA-UNTS, who came in two buses. These people, in cooperation with the Human Rights Commission of El Salvador (a nongovernmental organization), buried Mr. Hernández Martínez.

The Government was again asked for information, and was reminded of the provisions of Article 42, on July 6, 1993. The Government sent a reply on September 24 stating that the body had been exhumed in 1987, but does not mention any investigation nor trial in connection with the death of Mr. Hernández.

Case Nº 10,175

Lucas Arias Chávez

Facts:

Lucas Arias Chávez, age 32 and a day laborer, was seized at 6:30 p.m. on February 26, 1988, at his home in the Salitre district, Nejapa, by uniformed soldiers of the National Army. That morning, at 8:00 a.m., the same soldiers had come to search his home and had told his mother that they were looking for weapons. Some days earlier, soldiers from the First Infantry Brigade had confiscated Mr. Arias Chávez's identification passbook. His whereabouts is still unknown.

The Government was again asked for information, and was reminded of the provisions of Article 42, on August 4, 1993. A Government note of September 20, 1993 on four cases (10175, 10226, 10335, and 10354) asked that the cases be filed because "The Ministry of Foreign Affairs, in order to cooperate with the IACHR, published several announcements in the newspapers in our country, asking that the persons involved or some member of their family come forward and provide further information, but although the announcements were repeated several times, no one came forward." Four copies of newspaper announcements were attached asking that the missing persons mentioned in the petitions "report to or communicate with this Government Department, so that information submitted to the OAS IACHR can be updated."

Case Nº 10,177

José Rivera

Juan Alexander Andrade Rivera

Facts:

José Rivera, 63, and Juan Alexander Andrade Rivera, 14, were murdered at 7:00 p.m. on February 19, 1988, by soldiers of the San Vicente Fifth Infantry Brigade, as the victims were on their way to tend a cornfield in the Obrajuelo district, Tempa, in the department of San Vicente. The above-named individuals were travelling with Carlos Andrade Rivera, 19, who survived the shots. The case has been brought to the attention of the Joint Staff of the Armed Forces, the Fifth Infantry Brigade and the Attorney General of the Republic, but thus far no investigation has been conducted into the events.

The Government was again asked for information, and was reminded of the provisions of Article 42, on August 4, 1993. A Government note of September 30, 1993 advised that the case was brought to trial on its own initiative on February 20, 1988, and the only action taken was that the body was inspected in the morgue. The Government alleges that not all remedies have been exhausted, and asks that the case be filed.

Case Nº 10,178

Wenceslao Quesada Lainez

Facts:

Mr. Quesada Lainez, age 21, single and a student, was murdered at 4:00 a.m. on February 24, 1988, by a member of the Civilian Defense Force by the name of Santos Velásquez. The latter had stalked the victim and then shot him to death as the victim was returning to his home in the Tapalhuaca district in the department of La Paz, after attending a wake for a deceased aunt. According to relatives of Mr. Quesada Lainez, there had been enmity between the two men. However, the Commanding Officer of the local Civilian Defense Board stated that Mr. Wenceslao Quesada Lainez was followed and then shot because he had taken Santos Velásquez rifle. An inquiry was requested to shed light on the facts and punish those responsible was requested.

The Government was again asked for information, and was reminded of the provisions of Article 42, on July 6, 1993. A Government note of September 29, 1993 on six cases (9757, 10005, 10178, 10184, 10292, and 10296) asked that the cases be filed because the complaints had never been brought to trial, so the Government alleges that "As we can see, the petitioners did not even file a complaint with the courts to investigate the cases, nor did they appeal for an internal investigation. For these reasons, the Government of El Salvador respectfully requests that these cases be filed."

Case Nº 10,184

Pedro López Morales

Facts:

Pedro López Morales, age 29, single and a day laborer, was seized on January 6, 1986, at 10:00 a.m. in the Camotepeque district, Nejapa, by members of the First Infantry Brigade Soldiers in civilian clothing. At the time Mr. Lopez Morales was waiting for a distribution of provisions. His whereabouts is unknown.

Case Nº 10,226

Hilario Pérez Pérez

Facts:

Between 3:00 p.m.and 4:00 p.m. on March 1, 1988, in the Calavera district of the town of El Rusio, Department of Morazán, Mr. Hilario Pérez Pérez, age 36 and a community health worker by profession, was seized. The next day he was taken to Corinto in the Department of Morazán and then by helicopter to San Francisco Gotera in that same department. Subsequently, neighbors from Calavera district asserted that the responsible parties had released Mr. Pérez, but that one of the soldiers attached to Morazán Battalion, by the name of Bartolo Chávez, had killed him. Bartolo Chávez had been a neighbor of the victim and at one time had alleged that the medicine that Mr. Pérez kept (as a community health worker) was for guerrillas. The neighbors from Calavera also said that they had seen the body in a place known as "El Alto del Aguacate" in the jurisdiction of Corinto, department of Morazán and had buried it there. They further stated that the site is inaccessible to the civilian population, since the Army has a permanent post there. These facts were reported to the Justice of the Peace of Corinto, who refused to take the statements. As for exhumation and identification of the body, the judge said that the area was totally inaccessible. Various petitions of habeas corpus had been filed for Mr. Pérez with the Supreme Court, without result.

Case Nº 10,286

Gerardo Hernández Torres

Vladimir Guzmán Rosales

José Guadalupe Domínguez

Facts:

On December 12, 1987, Gerardo Hernández Torres, Vladimir Guzmán Rosales and José Guadalupe Domínguez were seized by soldiers attached to Atlacatl Batallion and taken to the Central Headquarters of the National Police where they were brutally tortured. Gerardo Hernández Torres died as a result of that torture on December 16, 1987, in La Esperanza de Mariona Prison in San Salvador. He was already dying when he was imprisoned there. It is vital that a thorough investigation be conducted.

The Government was again asked for information, and was reminded of the provisions of Article 42, on August 4, 1993. In a note of September 30, 1993, the Government said it recognizes the detention. It adds that "when the prisoners were taken to the National Police Station from the First Infantry Brigade, they were examined by the nurse on duty, who reported that Gerardo Hernández Torres bore bruises from blows on the back and lacerations in the chest and that he said he had a contagious disease(...) (the Court Secretary reported that) he showed no visible signs of violence. (...) He adds that the prisoner suffered an attack of schizophrenia (...) and in 45 minutes was dead." The Government concludes that "As we can see in this case domestic law was complied with, so that we respectfully (...) request that this case be filed."

Case Nº 10,292

José Antonio Rodríguez Acosta

Facts:

On November 17, 1988, Mr. José Antonio Rodríguez Acosta, age 34 and a photographer, boarded a 7-D bus at Parque Centenario in San Salvador, headed for Soyapango in the jurisdiction of San Salvador. He was in the company of his wife. Their bus and a route No. 4 bus with Army soldiers on board got into an altercation over which had the right of way. The route No. 4 bus followed and then passed the 7-D bus in which Mr. Rodríguez Acosta was travelling. It stopped and waited until the 7-D bus passed, whereupon the soldiers on board fired their weapons indiscriminately at the 7-D bus. Mr. Rodríguez Acosta was struck by one of the bullets and died at 8:00 p.m. that day in Rosales Hospital. An investigation is requested to establish who is responsible.

Case Nº 10,296

José Edilberto Espinoza Abrego

Facts:

Mr. José Edilberto Espinoza Abrego, age 29 and single, was seized on January 21, 1988, at 1:00 p.m., two blocks from his place of work on the main street in the `22 de abril' neighborhood of San Salvador. Mr. Espinoza Abrego was taken by three unidentified persons, who put him in a white vehicle that had no license plates. They took him in the direction of the highway that runs from the Ilopango airport by way of the Boulevard del Ejército. Mr. Espinoza had been in Mariona Prison from March 26, 1985 to March 6, 1987 for political reasons. On April 8, 1988, Mr. Espinoza's relatives learned from a radio news report that a body had been found at kilometer 11 on the road to the Apulo lake resort. The body showed signs of torture. They immediately went to the site where the body had been found. Someone who lived in the area told them he had found the body on a hillside and gave them a description that fit Mr. Espinoza. The relatives asked him if he could identify the person he found from a photograph. When they showed him a photograph of Mr. Espinosa, he said that yes, that was the body that he had buried. An investigation is being requested.

The Government was again asked for information, and was reminded of the provisions of Article 42, on July 6, 1993. A Government note of September 29, 1993 on six cases (9757, 10005, 10178, 10184, 10292, 10296) asked that the cases be filed because the complaints had never been brought to trial, so the Government alleges that "As we can see, the petitioners did not even file a complaint with the courts to investigate the cases, nor did they appeal for an internal investigation. For these reasons, the Government of El Salvador respectfully requests that these cases be filed."

Case Nº 10,298

Eliodoro Pineda Amaya

José Hernán Benitez Aguilar

Cecilio Aguilar Vásquez

Facts:

At approximately 9;00 a.m. on November 12, 1988, a large group of soldiers surrounded the house of José Hernán Benitez Aguilar, 18, and took him to the mountain where they were already holding Eliodoro Pineda Amaya, 24, and Cecilio Aguilar Vásquez, 17. There the three young men were beaten and interrogated. At approximately 1:00 p.m. they were taken away for the hermitage at Piedra Luna Village, Loma El Chile district, the Yamabal jurisdiction in the department of Morazán. At around 6:00 p.m. that same day, shots and bursts of heavy caliber fire were heard. When the relatives approached, they found the bodies of the three young men about a block away from the Piedra Luna hermitage. All three had been brutally tortured. An investigation is requested.

The Government was again asked for information, and was reminded of the provisions of Article 42, on July 6, 1993. A Government note of September 29, 1993, reports that criminal proceedings were begun pursuant to law on November 15, 1988, that they are in the probable-cause-proceeding stage (instrucción), without any of the accused persons being present, and that testimony has been received implicating soldiers in the Morazán zone.

Case Nº 10,327

Marcos Aurelio Pérez Guzmán

Patrocinio Aguilar Sánchez

Facts:

At approximately 12:30 a.m. on July 25, 1988, three heavily armed men in olive green uniforms appeared at the home of Marcos Aurelio Pérez Guzmán, 19. They executed him extrajudicially, as well as Patrocinio Aguilar Sánchez, his 69-year old grandfather, when the latter tried to run for help. After committing this double murder, the three individuals headed off in the direction of the Cucumacayán power plant, where Sonsonate Military Post No. 6 is located. A thorough investigation is requested.

The Government was again asked for information, and was reminded of the provisions of Article 42, on August 18, 1993. In a note of September 29, 1993, the Government requested filing the case, which has been on the docket of the Second Criminal Court of Sansonate since July 1988. The case is in the probable-cause-proceeding stage (instrucción), and no one has been accused of being responsible for the crime."

Case Nº 10,332

José René Vásquez Flores

Facts:

At approximately 8:00 a.m. on Tuesday, November 22, 1988, Mr. José René Vásquez Flores, 22, was seized at his home in the San Carlos district, El Amate, department of San Miguel, by uniformed soldiers of the National Army. They took him away to some unknown destination and thus far his whereabouts is unknown.

Information on the case was again requested, and the Government was reminded of the provisions of Article 42, on August 18, 1993. In a note of 30 August 1993 on five cases (9717, 10332, 10355, 10360 and 10468), the Government said it was requesting that these cases be filed, since these persons are still missing according to information form the CICR. The relevant part of the note said: "The Government of El Salvador has done everything possible to locate the persons mentioned, but so far all its efforts have been fruitless. Moreover, according to the confidential final report from the CICR to the Salvadoran Government, the persons mentioned are among the group that its investigative office have not been able to locate. Accordingly, since all measures possible have been taken by the Salvadoran Government to locate these persons, and no progress has been made in that endeavor, we consider that these cases must be considered closed because there is nothing further that can be done to determine the whereabouts of these persons."

Case Nº 10,334

Mario Antonio Flores Cubas

Facts:

On February 3, 1989, the body of Mario Antonio Flores Cubas was found with M-16 bullet wounds to the head. The body was discovered in the Suncita district of Acajutia jurisdiction, in the department of Sonsonate. It showed obvious signs of torture and abuse.

Case Nº 10,335

José Guillermo Lainez

Facts:

In the vicinity of the San Jacinto cable car in San Salvador, Mr. José Guillermo Lainez, 16, was recruited into the military service on April 1, 1988, by soldiers from the First Infantry Brigade. On May 22 of that year his sister went to visit him at the barracks of the First Infantry Brigade but was told that her brother had deserted on May 20. On May 26, soldiers from the First Brigade went to Mr. Lainez's home to search it. The whereabouts of Mr. Lainez is unknown to this day.

Case Nº 10,354

Efraín Ramírez Díaz

Facts:

Mr. Efraín Ramírez Díaz was seized near his home in the San Antonio district, La Junta, Metapán jurisdiction, on October 28, 1988, by individuals who took him away for some unknown destination. A petition of habeas corpus was filed with the Supreme Court but without result.

Case Nº 10,355

Santos Adán Méndez

María Cristina Mejía

Herculano Méndez

Rufina Figueroa

Facts:

On October 28, 1988, starting at approximately 8:00 p.m., some 70 soldiers searched the homes of Santos Adán Méndez, María Cristina Mejía, Herculano Méndez and Rufina Figueroa and took them away for some unknown destination. Their captors were wearing olive green uniforms with the insignia covered. The victims' whereabouts is unknown.

Case Nº 10,360

José Luis López

Facts:

Mr. José Luis López, 18, was recruited by members of the FAS, on January 1, 1989, at approximately 4:00 p.m., in the Dolores district of Apulo. When the young man's mother went to the military post to search for him, they acknowledged that he was there but did not allow her to speak with him. On January 6 of that year, she returned to the FAS Barracks and insisted on seeing her son. This time, however, they told her that her son was no longer in the military service and that they had authorized him to return home. Nevertheless, the young man is still missing.

Case Nº 10,361

Bartolo Cornejo

Facts:

On January 22, 1989, at around 15:00 hours, uniformed personel of the Marine Batallion (BIM) took Mr. Bartolo Cornejo prisoner, at the home of Mr. Santana Chávez Ayala, located in Cantón Zamorán, in the jurisdiction of Jiquilisco, Department of Usulután. The marines took Mr. Cornejo to an vacant house in the El Zamorán Canton, where there was another prisoner, a resident of the Las Arañas Canton, who was a witness when Mr. Cornejo was brought into the house. He could hear when Mr. Cornejo was beaten and accused of being a guerrilla, and when they asked him to turn over a gun to them. On January 23, at 15:30 hours, the captors led the prisoners to a detour between the towns of El Zamorán and San Marcos Lempa. There they were separated, and Mr. Cornejo was taken toward a river called El Espino, near the detour. He has been missing ever since.

On August 11, 1993, the Government was again asked for information, and was reminded about implementation of Article 42. No reply has been received.

Case Nº 10,365

Juan Ramírez Ortiz

Facts:

At approximately 3:00 p.m. on January 22, 1989, uniformed troops from the Marine Infantry Batallion (BIM) seized Mr. Juan Ramírez Ortiz, 75, as he was working in a corn field; they later killed him and buried him near Hacienda Normandia, known also as La Granadilla. It was not until November 5 that the body was discovered. His abductors had buried him before his body could be examined by any authority. An investigation is requested.

The Government replied on October 30, 1992 advising that the Mr. Ramírez Ortiz had been detained and released and requesting that the case be filed. The government was again asked for information on the case on February 18, 1993, because its reply did not jibe with the statement of facts in the complaint. The government was again asked for information, and was reminded of the provisions of Article 42, of August 11, 1993. The Government replied in a note of September 9, 1993, stating that it had already sent its reply and requesting that the case be filed.

Case Nº 10,366

Juan Antonio Bermúdez Anaya, Pedro Antonio Bermúdez Anaya

Facts:

At approximately 9:30 p.m. on August 9, 1988, soldiers from the Long-range Reconnaissance Patrols seized the brothers Juan Antonio Bermúdez Anaya (29) and Pedro Antonio Bermúdez Anaya (23) at the home of María Guadalupe Granados in the San Nicolás district of Las Cañas, Apopa jurisdiction. After searching the house, the soldiers told the family that they could pick the brothers up the next day at the First Infantry Brigade Garrison, commonly known as the San Carlos Garrison in San Salvador.

The next day the bodies of the Bermúdez Anaya brothers were found in a place known as Río Las Cañas, in the San Nicolás district. They had been shot.

Information on the case was again requested, and the Government was reminded of the provisions of Article 42, on August 18, 1993. No reply has been received from the Government.

Case Nº 10,367

María Rosa Tejada, Yolanda Pineda

Sonia Guardado, Concepción Guardado

Esperanza N. (no surname)

Facts:

At approximately noon on January 21, 1988, 8 helicopters gunships and a small "02" plane of the Salvadoran Air Force landed near the villages of Ozevera, Simarrón, La Montañita, Agua Fría and Encumbrado, in the jurisdiction of Agua Caliente, department of Chalatenango. They machine-gunned and fired rockets at the people's homes. The soldiers captured, raped and arbitrarily executed: María Rosa Tejada, age 18; Yolanda Pineda, age 15; Sonia Guardado, age 12, Concepción Guardado and Esperanza N. (surname unknown). The bodies were buried in the village of La Quezera only after the FAS soldiers in the area gave the families permission to do so. An investigation into this multiple crime is requested.

Information on the case was again requested, and the Government was reminded of the provisions of Article 42, on August 18, 1993. The Government sent a note on September 9, 1993, stating that it had already sent its reply and requesting that the case be filed. The reply referred to events different from those described in the petition.

Case Nº 10,368

Calixto Bonilla Palacios

Facts: