Informe provisional - Informe núm. 403, Junio 2023

1. 218. The Committee last examined this case at its March 2021 meeting, when it presented an interim report to the Governing Body [see 393rd Report, paras 355–366, approved by the Governing Body at its 341st Session (March 2021)]. 
2. 219. The Government sent its observations in a communication dated 8 October 2021.

A. Previous examination of the case

1. 220. At its March 2021 meeting, the Committee made the following recommendations [see 393rd Report, para. 366]:
   • The Committee urges the Government and all the competent authorities to make in a coordinated manner, as a matter of urgency and priority, all the necessary efforts to expedite the investigations under way in order to identify and punish without delay both the instigators and the perpetrators of the murder of Mr Victoriano Abel Vega. In particular, the Committee urges the Government to take the necessary measures so that the competent authorities are provided with the required human and financial resources and that they ensure that when conducting the investigations, special attention is paid to exchanging information with the complainant organizations in the present case with a view to clarifying whether this crime has had an anti-union nature. Firmly hoping that tangible progress will be made in this regard, the Committee asks the Government to keep it informed of all developments in the investigation and criminal proceedings.
   • (b) The Committee once again draws the Governing Body’s attention to the extremely serious and urgent nature of this case.

B. The Government’s reply

1. 221. In its communication of 8 October 2021, the Government indicates that on 19 May 2021 it asked the Public Prosecutor of the Republic to reopen the file related to the murder of Mr Victoriano Abel Vega, general secretary of the Union of Municipal Workers of Santa Ana (SITRAMSA), in accordance with section 293(2) of the Code of Criminal Procedure, which states that: “the public prosecutor may, ex officio or at the request of a party, reopen the case until the investigation has been exhausted when new evidence or proof emerges that nullifies the reasons for which it was closed, unless the public action has been converted…”. The Government indicates that this request was made to exhaust the investigation, take the necessary measures to uncover the truth and identify the perpetrators.
2. 222. The Government states that on 5 October 2021, the Public Prosecutor of the Republic indicated that the investigation remains open. The Government also states, as indicated by the Specialized Prosecutorial Unit for Extortion and Organized Crime, that the investigation into suspects for the offence of aggravated homicide (section 129 of the Criminal Code) against Mr Victoriano Abel Vega was reopened and that directives have been issued to the Central Investigation Division of the National Civil Police of El Salvador to interview possible informants concerning the homicide and prepare the corresponding reports.

C. The Committee’s conclusions

1. 223. The Committee recalls once again that the case refers to the murder, on 16 January 2010, of Mr Victoriano Abel Vega, general secretary of SITRAMSA, who, according to the complainant organizations, had already received death threats for his union activities.
2. 224. The Committee takes note of the Government’s indication that, in May 2021, the Ministry of Labour and Social Welfare requested that the Public Prosecutor of the Republic reopen the file on the murder of Mr Victoriano Abel Vega, general secretary of SITRAMSA, in order to conclude the investigation, take the necessary measures to uncover the truth and identify the perpetrators. The Committee also takes note that the Government conveyed the information provided by the Public Prosecutor of the Republic in October 2021, which indicate that the Specialized Prosecutorial Unit for Extortion and Organized Crime reopened the investigation into the suspects for aggravated homicide (section 129 of the Criminal Code) against Mr Victoriano Abel Vega and that directives have been issued to the Central Investigation Division of the National Civil Police of El Salvador to interview possible informants concerning the homicide and prepare the corresponding reports.
3. 225. The Committee regrets to note that, in spite of repeated requests made by the Ministry of Labour and Social Welfare to the Public Prosecutor of the Republic to shed light on the case, it was closed without the perpetrators being identified or punished and later reopened for further investigation at the request of the Ministry of Labour and Social Welfare. The Committee deplores that, more than 13 years since the murder of Mr Victoriano Abel Vega, no tangible progress has yet been made towards identifying and punishing the perpetrators of this serious crime. The Committee is obliged therefore to recall once again that it is important that all instances of violence against trade union members, whether these be murders, disappearances or threats, are properly investigated. Furthermore, the mere fact of initiating an investigation does not mark the end of the Government’s work; rather, the Government must do all within its power to ensure that such investigations lead to the identification and punishment of the perpetrators [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 102].
4. 226. The Committee also observes that, as indicated by the Government, possible informants will be interviewed as part of the murder investigations, and in view of the different lines of investigation indicated by the Government in the previous examination of the case (of which two are linked to Mr Victoriano Abel Vega’s union activities, and the most probable theory is that Mr Vega was murdered by accident by gang members that were attempting to murder another municipal worker who was a witness in another homicide case), the Committee further recalls that the Government is under a responsibility to take all necessary measures to have the guilty parties identified and punished – in particular by ensuring that witnesses, who are crucial for the successful identification and prosecution of suspects, are effectively protected – and to successfully prevent the recurrence of human rights violations. Even in the absence of a formal filing of charges, each case should be thoroughly investigated and, where witnesses have come forward, appropriate and adequate protection should be provided [see Compilation, para. 97].
5. 227. In the light of the foregoing, the Committee firmly urges the Government and all the competent authorities to make, in a coordinated manner and as a matter of urgency and priority, all the necessary efforts to expedite and conclude the investigations under way in order to identify and punish as soon as possible both the instigators and the perpetrators of the murder of Mr Victoriano Abel Vega, while ensuring the protection of all witnesses who could be instrumental in the resolution of the case. In particular, the Committee urges the Government to take all appropriate measures so that the competent authorities are provided with the required human and financial resources and ensure that when conducting the investigations, special attention is paid to exchanging appropriate information with the complainant organizations in the present case with a view to clarifying whether this crime is of an anti-union nature. Firmly expecting that tangible progress will be made in this regard, the Committee requests the Government to keep it informed of any progress in the investigation and criminal proceedings.