Washington College of Law|
Center For Human Rights and Humanitarian Law
RESOLUTION No. 23/83
CASE 6718 (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 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 (26 years).
- 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 note
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 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 Leiva.
- 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 Salvadoran Government that it
investigate the acts denounced and inform the Commission within a
period of 60 days.
- To transmit this resolution to the Salvadoran 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.