RESOLUTION Nº 22/83
October 4, 1983
1. In a
communication of March 6, 1980, the following complaint was made to the
Inter-American Commission on Human Rights:
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 María, Chalatenango (70
kilometers north of the capital), set fire to the homes of the
campesinos and brutally murdered Mrs. Antonia Guardado and her daughter
María 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.
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 notes 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 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.
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 Salvadorian Government that it investigates the acts denounced and
informs the Commission within a period of 60 days.
4. To transmit
this resolution to the Salvadorian 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.