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El Salvador court finds amnesty laws unconstitutional

July 14, 2016

El Salvador's Supreme Court has found a 1993 amnesty law to be unconstitutional. The law had helped bring an end to the nation's civil war but prevented investigations into human rights violations.

https://p.dw.com/p/1JOcH
El Salvador flag
Image: picture-alliance/dpa/R. Escobar

A 1993 law which blocked the prosecution of human rights crimes committed by the military and leftist guerrillas during El Salvador's civil war was declared unconstitutional by the Supreme Court late on Wednesday.

The high court's judges found that the amnesty law denied Salvadorans the right to access justice as well as compensation for war crimes.

"Amnesty is contrary to the right to access justice ... and the right to full compensation for victims of crimes against humanity or war crimes that constitute serious violations of international humanitarian law," the court said in a statement.

Catholic faithfuls participate in a procession to commemorate the XX anniversary of Father Ignacio Ellacuria, and five Jesuits priests and two employees' murder at the Centralamerican University in San Salvador
The ruling could now open an investigation into the killing of several Jesuit priestsImage: Getty Images/AFP/J. Cabezas

The law prevented the state from fulfilling its obligation "to prevent, investigate, judge, punish and offer reparations for series rights violations." In light of the ruling, investigations into the crimes could now be opened.

El Salvador's bloody civil war killed 75,000 people and left 8,000 missing between 1980 and 1992. After signing the peace accords, the country's legislative body passed the amnesty law, much to the chagrin of human rights groups. Supporters at the time argued that it was necessary in order to stop further bloodshed.

Both military and guerrilla combatants from the Farabundo Marti National Liberation Front - which is now the country's ruling party - were accused of atrocities. Many of the former fighters have become politicians and lawmakers.

"It is an error to declare the amnesty law unconstitutional. I hope this does not turn into a witch hunt," Defense Minister David Mungia said following the decision.

Some of the atrocities which could now be investigated are numerous civilian massacres, the killing of six Jesuit priests and the murder of Archbishop Oscar Romero.

rs/jil (AP, Reuters)