Romero_Trial_Transcript_8_25_04_53_2

8-25-04 Trial Transcript
16 THE COURT: Thank you. I'm going to ask Judge Amaya,
17 does the El Salvadoran law, from 1980 to the present, for the
18 civil claim for a wrongful death, does it identify the persons
19 who may maintain such an action for the death of another, such
20 as family members?
21 THE WITNESS: They are included as heirs.
22 THE COURT: Can you tell me what persons under the
23 law may maintain an action for wrongful death of another from
24 1980 to the present?
25 THE WITNESS: The mother, the father, the sons or
RAMIREZ AMAYA - D
235
1 daughters and siblings, brothers.
2 THE COURT: Siblings, all right. Thank you. And do
3 you have any basis -- if you have no basis to answer the
4 question, I'm going to ask you, I don't want you to answer it.
5 Is it your understanding and experience with El Salvadoran law
6 that without a judgment imposing criminal responsibility on
7 some person for the death of the Archbishop Romero, that no
8 civil action for wrongful death could be maintained in El
9 Salvador from 1980 to the present?
10 THE WITNESS: Yes.
11 THE COURT: So up until today, there is no legal
12 basis on which any person within the class that the law
13 defines as being eligible to maintain an action for wrongful
14 death could bring such a case, because there is no conviction;
15 is that true?
16 (The question was read back.)
17 THE WITNESS: This is true.
18 THE COURT: Again, I don't want you to guess or
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