RESOLUTION Nš 24/83
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 28, 1980 at 5:30 a.m., military forces laid siege to the rural
villages of Conchaguita, Amapalita, and El Farito de la Union, in the
eastern part of the country. Comandos captured Santos Gonzalez, Martin
Gonzalez, and Victor Antonio Turcios, labor union port workers, who were
later found murdered. They also captured the campesino Narciso Antonio
Cueva (22 years), whose body was found in the vicinity of El Farito.
2. On 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 Regulation, 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. On the basis of
Article 39 of the Regulations, to presume the events reported in the
communication of March 6, 1980 to be true, concerning the military
actions against the rural villages of Conchaguita, Amapalita, and El
Farito de la Union, as a result of which the port workers Santos
Gonzalez, Martin Gonzalez, and Victor Antonio Turcios were murdered.
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 Salvadoran Government that it investigate the acts denounced and
inform the Commission within a period of 60 days.
4. To transmit
this resolution to the Salvadoran 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.