Informe provisional - Informe núm. 239, Junio 1985

Caso núm. 1195 (Guatemala) - Fecha de presentación de la queja:: 18-ABR-83 - Cerrado

210. The Committee examined Cases Nos. 1176, 1195 and 1215 together at its November 1984 meeting, when it presented an interim report to the Governing Body (see 236th Report of the Committee, paras. 401 to 425, approved by the Governing Body at its 228th meeting (November 1984)). The Committee had already examined Case No. 1195 (see 230th Report of the Committee, paras. 689 to 699, approved by the Governing Body at its 224th Session (November 1983)).

1. 210. The Committee examined Cases Nos. 1176, 1195 and 1215 together at its November 1984 meeting, when it presented an interim report to the Governing Body (see 236th Report of the Committee, paras. 401 to 425, approved by the Governing Body at its 228th meeting (November 1984)). The Committee had already examined Case No. 1195 (see 230th Report of the Committee, paras. 689 to 699, approved by the Governing Body at its 224th Session (November 1983)).
2. 211. In the absence of observations from the Government on these three cases, the Committee addressed an urgent appeal to the Government at its February 1985 meeting (see 238th Report, para. 20), remarking that, in conformity with the procedure in force, it would present a report at its next meeting on the substance of these cases even if the Government's information or observations had not been received at that date.
3. 212. New allegations were presented by the Autonomous Trade Union Federation of Guatemala (12 February 1985), the International Confederation of Free Trade Unions (ICFTU) (10 May 1985) and the Inter-American Regional Organisation of Workers (ORIT) (10 May 1985).
4. 213. Since the last examination of the cases the Government has sent certain observations in a communication dated 30 April 1985.
5. 214. Guatemala has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No.087), and the Right to Organise and Collective Bargaining Convention, 1949 (No.098).

A. Previous examination of the cases

1. 215. When the Committee examined Cases Nos. 1176, 1195 and 1215 at its November 1984 meeting, it made the following recommendations on the allegations which remained pending (see 236th Report, para. 425):
   • "(a) The Committee expresses its deep concern at the serious nature of the allegations which refer to the detention, kidnapping, assassination or threats of execution of trade union leaders and deplores the fact that the Government has not sent detailed information in this respect.
   • (b) The Committee urges the Government to indicate whether it is true that the trade union leader Julián Revolorio has been assassinated and, if this is the case, to carry out a judicial inquiry with a view to elucidating the facts in full, determining responsibilities and punishing the guilty parties.
   • (c) While expressing its profound concern, the Committee requests the Government to send as a matter of urgency specific observations on the alleged decision to execute the trade union leaders and trade unionists mentioned by the complainants (Raimundo Pérez, Yolanda Urízar Martínez de Aguilar, Manuel Francisco Contreras, José Luis Ramos, Luis Estrada, Víctor Ascón and Lucrecia Orellana). The Committee also requests the Government, if such a decision has in fact been taken, to rescind it.
   • (d) In addition, it requests the Government to send information on the whereabouts and situation of these trade union leaders and trade unionists and on those who have allegedly been detained or kidnapped (Graciela Samayoa and her two children, Fermín Solano and Antonia Argüeta). The Committee also requests the Government to indicate the reasons for the alleged detentions and to carry out a judicial inquiry into the alleged kidnappings (which appears to have been initiated only with regard to Mrs. Urízar) with a view to determining the whereabouts of those concerned, elucidating the facts in full, determining responsibilities and punishing the guilty parties.
   • (e) The Committee requests the Government to inform it as soon as possible of developments in the requested investigations and draws its attention to the principle that freedom of association can only be exercised in conditions in which fundamental human rights, and in particular those relating to the inviolability of human life and personal safety, are fully respected and guaranteed. (f) The Committee requests the Government to send its observations on the allegations contained in FASGUA's communication of 10 October 1984 (the closing down of operations at the Universal Textiles Factory with a view to destroying the union and the kidnapping of the brother of the trade unionist Valerio Oscal)."

B. The Government's reply

1. 216. The Government states that the persons mentioned by the complainants (and whose names are listed in subparas. (b), (c) and (d) above) have not been and are not detained in any detention centre in the country. Nevertheless, the appropriate authorities are continuing their investigations in order to establish the whereabouts of these persons.

C. New allegations

1. 217. In its communication of 12 February 1985 the Autonomous Trade Union Federation of Guatemala (FASGUA) alleges that Sergio Vinicio Samayoa Morales, the son of Mrs. Graciela Samayoa, was shot with a machine gun on 2 February 1984 in a coffee warehouse on Aguilar Batres Street, No. 29-41, in Zone II of Guatemala city. In the evening of the same day, when Sergio Vinicio Samayoa was in the Roosevelt hospital, ten armed men made their way into the hospital and took him away to an unknown destination.
2. 218. In their communications of 10 May 1985, the ICFTU and ORIT allege that on 12 April 1985 a group of armed individuals, presumably from the Government's security service, abducted Felicita Floridalma Lucero (a leader of the Trade Union of Workers in Adams S.A.) and another unidentified person. The Government allegedly has not acknowledged this arrest.

D. The Committee' s conclusions

1. 219. Firstly, the Committee expresses its deep concern at the serious nature of the situation which is characterised by the detention, kidnapping, assault or assassination of trade union leaders and other persons connected with the trade union movement, all the more so since some of the allegations date from January 1983 and the whereabouts of the abducted persons still remain unknown.
2. 220. The Committee takes note of the Government's statements, in particular that the persons mentioned by the complainants have not been and are not being held in any detention centre in the country. The Committee presumes from these statements that the Government implicitly denies the alleged decision to execute seven trade union leaders and unionists (Raimundo Pérez, Yolanda Urízar, Manuel Francisco Contreras, José Luis Ramos, Luis Estrada, Víctor Ascón and Lucrecia Orellana).
3. 221. The Committee also observes that, as regards these seven persons and the others who were allegedly murdered (Julián Revolorio) or abducted (Graciela Samayoa and her two children, Fernín Solano and Antonia Argüeta), the authorities are continuing investigations so as to establish their whereabouts.
4. 222. Since some of the allegations date from January 1983, the Committee urges the Government to do its utmost to ensure that the investigations under way - which should be conducted by the judiciary - result in the whereabouts of those who have disappeared being clarified, the facts being elucidated in full, responsibilities being determined and the guilty parties being punished. The Committee requests the Government to inform it of developments on this point.
5. 223. The Committee draws the attention of the Government to the principle that freedom of association can only be exercised in conditions in which fundamental human rights, and in particular those relating to the inviolability of human life and personal safety, are fully respected and guaranteed (see, for example, 223rd Report, Case No. 1233 (El Salvador), para. 682).
6. 224. The Committee also requests the Government to send its observations on the allegations contained in the communications from FASGUA dated 10 October 1984 (the closing down of operations at the Universal Textiles Factory with a view to breaking the trade union and the kidnapping of the brother of the trade unionist, Valerio Oscal) and 12 February 1985 (concerning the alleged assault on Mr. Sergio Vinicio Samayoa Morales and his abduction when he was in hospital), as well as those contained in the communications from the ICFTU and ORIT dated 10 May 1985 (abduction of the trade union leader Felicita Floridalma Lucero).

The Committee's recommendations

1. 225. In these circumstances, the Committee recommends the Governing Body to approve the present interim report, and in particular the following conclusions:
   • (a) The Committee expresses its deep concern at the serious nature of the situation which is characterised by the detention, kidnapping, assault or assassination of trade union leaders and other persons connected with the trade union movement, all the more so since some of the allegations date from January 1983 and the whereabouts of the abducted persons remain unknown.
   • (b) The Committee urges the Government to do its utmost to ensure that the investigations under way - which should be conducted by the judiciary - result in the whereabouts of those who have disappeared being clarified (Julián Revolorio, Raimundo Pérez, Yolanda Urízar, Manuel Francisco Contreras, José Luis Ramos, Luis Estrada, Víctor Ascón, Lucrecia Orellana, Gracida Samayoa and her two children and Antonia Argüeta), the facts being elucidated in full, responsibilities being determined and the guilty parties being punished. The Committee requests the Government to inform it of developments on this point.
   • (c) The Committee draws the Government's attention to the principle that freedom of association can only be exercised in conditions in which fundamental human rights, and in particular those relating to the inviolability of human life and personal safety, are fully respected and guaranteed.
   • (d) The Committee requests the Government to send its observations on the allegations contained in FASGUA's communications of 10 October 1984 (the closing down of operations at the Universal Textiles Factory with a view to destroying the union and the kidnapping of the brother of the trade unionist Valerio Oscal) and 12 February 1985 (assault on, and kidnapping of, Mr. Sergio Vinicio Samayoa Morales), as well as on those contained in the communications from the ICFTU and ORIT dated 10 May 1985 (abduction of the trade union leader Felicita Floridalma Lucero).