Rapport intérimaire - Rapport No. 236, Novembre 1984

401. The complaints made in Case No. 1176 are contained in communications from the Permanent Congress of Trade Union Unity of Latin American Workers (CPUSTAL) and the Autonomous Trade Union Federation of Guatemala (FASGUA) dated respectively 21 January 1983 and 3 March 1984. FASGUA sent additional information in communications dated 29 March and 10 October 1984. At its meeting of November 1983, after noting the contradiction between the allegations and the reply of the Government dated 25 October 1983, the Committee decided to transmit the substance of the Government's observations to the complainant organisation (CPUSTAL) for its comment. Since then, the Committee has repeatedly requested the complainant organisation to supply these comments.

1. 401. The complaints made in Case No. 1176 are contained in communications from the Permanent Congress of Trade Union Unity of Latin American Workers (CPUSTAL) and the Autonomous Trade Union Federation of Guatemala (FASGUA) dated respectively 21 January 1983 and 3 March 1984. FASGUA sent additional information in communications dated 29 March and 10 October 1984. At its meeting of November 1983, after noting the contradiction between the allegations and the reply of the Government dated 25 October 1983, the Committee decided to transmit the substance of the Government's observations to the complainant organisation (CPUSTAL) for its comment. Since then, the Committee has repeatedly requested the complainant organisation to supply these comments.
2. 402. As regards Case No. 1195, in which the complainant organisation is the International Confederation of Free Trade Unions (ICFTU), the Committee examined the allegations at its meeting of November 1983 and submitted an interim report to the Governing Body [see 230th Report of the Committee, paras. 689 to 699, approved by the Governing Body at its 224th Session (November 1983)].
3. 403. The complaints concerning Case No. 1215 are contained in communications from CPUSTAL, the World Federation of Trade Unions (WFTU), and FASGUA dated respectively 19, 23 and 30 June 1983.
   • FASGUA sent additional information in communications dated 20 August and 7 October 1983 and the WFTU in a communication dated 7 October 1983. In relation to the allegations made in this case, the ICFTU requested the Director-General of the ILO to intervene with the Government. The Director-General of the ILO complied with this request.
4. 404. In the absence of precise replies concerning Cases Nos. 1195 and 1215, the Committee made an urgent appeal to the Government at its May 1984 meeting [see 234th Report, para. 17], pointing out that in accordance 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 observations had not been received at that date.
5. 405. The Government sent certain information on Cases No. 1176, 1195 and 1215 in communications dated 13 and 25 October 1983 and 13 January and 13 April 1984. With the exception of Case No. 1176, these observations were of a general nature.
6. 406. Guatemala has ratified both the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainants' allegations

• Case No. 1176
  407. 407 In its communication of 21 January 1983, CPUSTAL alleges that Julián Revolorio and Raimundo Pérez (leaders of the trade union of the Universal Textiles Factory) were kidnapped on 13 and 14 December 1982. According to the complainant, these leaders were taken from inside the factory and forced into a private vehicle with number-plates 79-19-49, a registration number used on vehicles belonging to the State. CPUSTAL states that it fears the lives of these leaders to be in danger.
  408. 408 In its communications of 3 and 29 March 1984, the Autonomous Trade Union Federation of Guatemala states that on 23 September 1983 the body of the trade union leader Julián Revolorio was found in a clandestine cemetery and showed signs of having been recently tortured.
  409. 409 In its communication of 10 October 1984, FASGUA alleges that the Universal Textiles Factory has closed down its operations with a view to destroying the union. This happened after a series of acts aimed against the union and its leaders, e.g. the trade unionist Valerio Oscal was the object of persecution in January 1984 and, as it was not possible to kidnap him, his brother was kidnapped.
• Case No. 1195
  410. 410 When the Committee examined this case at its meeting in November 1983 it made the following recommendations on the allegations which remained pending (the arrest and disappearance of Mrs. Yolanda Urízar Martínez de Aguilar, and the subsequent decision to have her executed by firing squad).
• "The Committee expresses its serious concern that, seven months after the disappearance of Mrs. Yolanda Urízar Martinez de Aguilar, legal adviser of the National Workers' Central, the investigations undertaken in this regard do not appear to have produced information clarifying the case.
• The Committee would insist that the inquiry into the disappearance of Mrs. Urízar be completed as a matter of urgency and it draws the Government's attention to the fact that a free and independent trade union movement can only develop in a society that respects and guarantees the right to the security of the person and the other fundamental human rights. The Committee requests the Government to inform it of the results of the investigations that are in progress.
• It asks the Government to send its observations as a matter of the utmost urgency concerning the alleged decision of the Government to have Mrs. Urízar and several trade unionists executed by firing squad. The Committee urges the Government to rescind this decision, if this is the case."
• Case No. 1215
  411. 411 The complainants allege the detention of Manuel Francisco Contreras, leader and founder of the Autonomous Trade Union Federation of Guatemala (FASGUA) and of the National Committee of Trade Union Unity of Guatemala (CNUS). According to the complainants, this trade union leader, who was seriously ill with advanced diabetes, was captured on 2 June 1983 by heavily armed individuals in civilian clothing who were members of the police force, whilst he was waiting for transport to take him to a hospital where he had recently undergone a delicate abdominal surgical operation.
  412. 412 The complainants also allege the kidnapping of Graciela de Samoya and two of her children, as well as that of Luis Estrada and Víctor Ascón (all three leaders of the University Trade Union) in September 1982; the kidnapping of the leader Fermín Solano; the detention of the leader José Luis Ramos and Mrs. Antonia Argueta by the police on 31 July 1983.
  413. 413 Subsequently the complainants pointed out that a group of 35 persons were due to be executed in Guatemala on 9 October 1983 including the trade unionists Manuel Francisco Contreras, José Luis Ramos, Luis Estrada, Vícente Ascón, Raymundo Pérez, Yolanda Urízar and Lucrecia Orellano.

B. The Government's reply

1. 414. With reference to the allegations contained in Case No. 1176, the Government stated in its communication of 25 October 1983 that according to information from the national police, Messrs. Julián Revolorio and Raymundo Pérez had not been detained and were not being held in any detention centre nor had any accusations been made against them. Subsequently, after receipt of the communication from the Autonomous Trade Union Federation, the Government sent a further communication dated 13 April 1984 stating that the Guatemalan authorities were not carrying out nor had any interest in carrying out activities of persecution or harassment against the genuine representatives of the trade union organisations existing in Guatemala; indeed, such organisations enjoyed the comprehension and support of the authorities in developing their activities of organisation and negotiation on behalf of the workers. It happens, however, that agents of the international subversion which has already caused so much harm to the honest working people of Guatemala often usurp powers which they have not been granted by the workers themselves and carry out activities with a view to having actions and deeds attributed to the Guatemalan authorities for which the latter are not responsible.
2. 415. As regards the allegations made in Case No. 1215, the Government states in a communication dated 13 October 1983 that the messages sent by the trade union organisations are yet another example of the strategies being adopted by specific bodies and associations in a campaign to discredit the Government of the Republic. Furthermore, they have even misled the International Labour Organisation in this respect. The present Government undertook solemnly both before the people of Guatemala and the international community to respect human rights, including the fundamental right to life and to a fair trial with all facilities for defence. The measures taken by the present Government of Guatemala in the field of human rights include the abolition of the special jurisdiction courts and the extension of the section in the Fundamental Statute of Government concerning the guarantee of the right to a public trial and defence in the competent courts. Thus it can be affirmed that there are no secret courts and secret trials and even more emphatically no arbitrary or summary executions in Guatemala. The judiciary, which is the sole body responsible for administering justice, operates in total independence of the executive power. The competent courts are the only institutions which may pass the death sentence on persons for serious common law crimes as established by the law. The death sentence is an exceptional measure which is applied only after a trial has been conducted before two instances and after leave for special appeal to the Supreme Court of Justice, which is the highest court in the land, has been refused. The Government reiterates its decision to respect human rights, which include naturally the right to trade union organisation and freedom of action for trade unions and their leaders within the limits of the law. The Government concludes by pointing out that it has requested information in the Supreme Court of Justice' on whether legal proceedings are under way in any of the courts of the Republic against the persons mentioned in the complaints and that if this is the case, for the respective court to duly communicate the case number, the charges and the stage of the proceedings as well as the name of the defendant and any other relevant information.
3. 416. Referring collectively to Cases Nos. 1176, 1195 and 1215, the Government states in a communication dated 13 January 1984 that it lacks any information or evidence which might help establish the truth regarding the alleged events and for this reason continuous investigations are being carried out to elucidate the facts; any results obtained will be communicated immediately.

C. The Committee's conclusions

1. 417. Firstly, the Committee must deplore that in spite of the very serious nature of the allegations, which concern the detention, kidnapping, assassination or threat of execution of trade union leaders, the Government has not sent complete information on the allegations made in Case No. 1176, or provided the information requested by the Committee when it examined Case No. 1195, or replied in detail to the allegations contained in Case No. 1215. The Committee deplores this attitude all the more so since it had made an urgent appeal to the Government in May 1984 concerning the last two above-mentioned cases for it to transmit its observations with the greatest urgency [see 234th report, para. 17]. Given the absence of any reply from the Government since the Committee's meeting in May 1984, the Committee is obliged to examine these cases even though detailed observations have not been received on the allegations.
2. 418. As regards Case No. 1176, concerning the kidnapping of the trade union leaders Julián Revolorio and Raymundo Pérez and who were allegedly forced into a vehicle with official number-plates, the Committee expresses its deep concern that one of the complainant organisations has stated that the body of Mr. Julián Revolorio was found in a clandestine cemetery and showed signs of having been tortured. The Committee also observes that the Government has limited itself to stating that the authorities have no interest in carrying out acts of persecution or harassment against trade union leaders and that the trade union leaders in question have not been detained, that they are not being held in detention centres and that no charges have been brought against them.
3. 419. 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. The Committee observes that according to the allegations made by the complainants in Case No. 1215, a decision had been taken to execute Mr. Raymundo Pérez If this is the case, the Committee asks the Government to rescind this decision. If this is not the case, the Committee requests the Government to provide detailed observations on his alleged kidnapping and to carry out the appropriate investigations todetermine his whereabouts, elucidate the facts, determine responsibilities and punish the guilty parties.
4. 420. 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).
5. 421. As regards Case No. 1195, since the Government has not provided the requested information, the Committee cannot but reiterate the conclusions it reached at its November 1983 meeting concerning the disappearance of Mrs. Urízar Martínez de Aguilar and the alleged decision to have her and several trade unionists executed by firing squad.
6. 422. As regards Case No. 1215, which concerns the detention and kidnapping of trade union leaders and the threat of execution of various trade union leaders and trade unionists, the Committee notes that, according to the Government, such allegations are yet another example of the strategies adopted by specific associations in a campaign to discredit the Government of Guatemala. The Committee also takes note of the procedural guarantees to which the Government refers and in particular its statement that the death penalty is an exceptional measure which can only be imposed for serious common law crimes as established by the law and after trials have been conducted before two instances, leave for special appeal being refused. The Committee however observes that the Government has not yet transmitted all the information which it had undertaken in its communication of 13 October 1983 to request from the judicial authorities concerning the persons mentioned in the allegations.
7. 423. In these circumstances, the Committee expresses its profound concern and 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 (Raymundo Pérez, Yolanda Urízar Martínez de Aguilar, Manuel Francisco Contreras, José Luis Ramos, Luis Estrada, Víctor Ascón and Lucrecia Orellana), and to rescind this decision if it has in fact been taken. The Committee also requests the Government to send information on the whereabouts and the situation of these trade union leaders and trade unionists and on those who, according to the complainant, have been detained or kidnapped (Graciela Samoya and her two children, Fermín Solano and Antonia Argueta). In addition, the Committee requests the Government to indicate the reasons for the alleged detentions and to carry out a judicial inquiry into the alleged kidnappings (which had only been initiated as regards Mrs. Urízar) with a view to ascertaining the whereabouts of those concerned, elucidating the facts in full, determining responsibilities and punishing the guilty parties.
8. 424. In general, the Committee requests the Government to inform it as soon as possible of developments in the investigations requested 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 [see, for example, 233rd report, Case No. 1233 (El Salvador), para. 682].