Washington College of Law|
Center For Human Rights and Humanitarian Law
RESOLUTION No. 22/83
CASE 6717 (EL SALVADOR)
October 4, 1983
- In a communication of March 6, 1980, the following
complaint was made to the Inter-American Commission on Human Rights:
On February 26, 1980, at 6:30 a.m., military forces occupied
the rural villages of El Rosario, Plan de Ojos de Agua, La
Laguna, El Terrero, el Común and Caserio La Lomona, Dulce Nombre
de Maráa, Chalatenango (70 kilometers north of the capital), set
fire to the homes of the campesinos and brutally murdered Mrs.
Antonia Guardado and her daughter Maráa Guardado (7 years),
Rafael Navarro (20 years)--who after being murdered was
decapitated and his body cut into two parts--Berta Lidia
Landaverde, a campesina who was found burned to death, and Luisa
Abrego, together with her six-month old baby girl.
- 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.
- 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.
- 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, 1982.
- That to date the Government of El Salvador has not replied
to the Commission's request for information, contained in its notes
of March 31, 1980, May 18, 1982, and May 26, 1983; and
- That Article 39 of the Regulations establishes as follows:
The 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
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
- Based on Article 39 of the Regulations, to presume to be
the events reported in the communication of March 6, 1980, concerning
the burning and destruction of the rural villages of El Rosario, Plan
Ojos de Agua, La Laguna, El Terrero, El Común and Caserio de Lomona,
Dulce Nombre de Maria, Chalatenango, on the part of Salvadorian
troops, who also murdered Antonia Guardado, Maria Guardado, Rafael
Navarro, Berta Lidia Landaverde and Luisa Abrego and her six-month
old infant daughter.
- 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.
- To recommend to the Salvadorian Government that it
investigate the acts denounced and inform the Commission within a
period of 60 days.
- To transmit this resolution to the Salvadorian Government
and to the claimants.
- 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.