The Investigation Court had scheduled this Monday to inspect military files in search of possible evidence that could help to clarify the massacre.
(CNN Spanish) -
For the second time, Judge Jorge Guzmán could not verify the existence of military files on the El Mozote massacre, after the Air Force of El Salvador refused to comply with the ruling issued by the San Francisco Gotera court , in the department of Morazán.
The Investigating Court had scheduled this Monday to inspect military files in search of possible evidence that could help clarify the massacre committed in December 1981, in which some 1,000 people died, most of them children, according to the report by the Truth Commission, developed in 1993 with the help of the United Nations.
"We cannot let him in first because the president (Nayib Bukele) has already delivered the documentation he has," an officer, who only identified himself as Captain Ortiz, explained to the judge.
"It's not like that.
The court does not have any documentation that he mentioned in the press conference that he was going to deliver, ”was the judge's response.
CNN was present with other media while Judge Guzmán tried to enforce the ruling and carry out the inspection.
Guzmán refers to the promise made on Thursday, September 24, by Bukele to provide the only information available on the massacre.
Bukele's statements
"This is 100% of the documents that we have found in the Joint Chiefs of Staff of the Armed Forces and in the barracks that are supposed to have participated or had something to do with the massacre," said the president while pointing to five folders to his left side during the press conference on September 24.
On that occasion, the president said that he would deliver that information to the Attorney General of El Salvador and to the San Francisco Gotera Investigation Court, in charge of the investigation.
CNN had access to the judicial file and verified that what the Presidency of El Salvador sent was a letter in which he explained to the judge the arguments to prevent access protected in Article 168, ordinal seventh of the Constitution, which lists the powers and obligations of the president.
The seventh ordinal refers to the obligation to submit reports requested by the Legislative Assembly, with the exception of secret military plans.
"The institutional position is invariable for the events that are the object of this report and for any other future inspection," reads the letter signed by Conan Castro, Legal Secretary of the Presidency.
CNN asked the Press Secretary of the Presidency for information on the date the files would be delivered, as promised by President Bukele.
However, there was no reply.
For his part, Judge Guzmán asked Captain Ortiz for direct communication with the Minister of National Defense, René Francis Merino Monroy.
"So that he can give me an explanation directly," argued Guzmán.
"It is important that they open the archives of El Mozote"
A group of activists placed cardboard silhouettes, flowers, candles and the names of victims of the El Mozote massacre at the entrance to the Special Forces Command and the First Air Force Brigade.
"You can look for it in the information and response option of the ministry, it is on the website and you can communicate and schedule an appointment," was the response of Captain Ortiz.
After meeting with the parties to the process, the magistrate made the decision to continue scheduling the inspections.
According to the judge, this Tuesday it will arrive at the Second Air Brigade, despite the fact that on two occasions the Armed Forces have prevented judicial proceedings.
Meanwhile, a group of activists called "Salvadorans building memory" placed cardboard silhouettes, flowers, candles and the names of victims of the El Mozote massacre at the entrance to the Special Forces Command and the First Air Force Brigade .
"Peace can only be achieved by knowing the truth and that is why it is important that they open the archives of El Mozote," Amanda Castro, one of those present at the rally, told CNN.
Other organizations such as Pro-Busca and Cristosal said they will continue to demand that the military archives be opened so that there is truth and justice.
In this case, there is a group of soldiers accused.
Last January a retired general dissociated himself from the massacre.
Other soldiers have preferred not to give their statement, but their defense has said that they will prove that they were not responsible for the events.
Intervention of the Supreme Court
For its part, the Supreme Court of Justice declared inadmissible, this Monday, a request from the Minister of Defense.
René Francis Merino Monroy asked the highest court to order the suspension of the inspections scheduled by the San Francisco Gotera investigating court.
According to the sentence, the magistrates do not observe perjury to the Armed Forces.
On the contrary, they consider that the arguments “are of simple disagreement with the content of the action claimed”.