REPORT OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
Case 7383 (GUATEMALA)
June 25, 1981
1. In a
communication of July 2, 1980, the following denunciation was made to the
Inter-American Commission on Human Rights:
11:00 a.m. on July 1, approximately 80 armed men arrived at the Guatemalan
Coca Cola Bottling Plant, including uniformed members of the Judiciary
Police of the Model Platoon. They beat up a number of strikers and forced
them to return to work. Two workers were abducted. Both belong to the
union. The name of one of them is Marcelino Santos Chajón.
2. In a cable of
July 3, 1980, the Commission transmitted the pertinent portions of this
denunciation to the Guatemalan Government, requesting that it furnish
information on the case.
3. In a note of
April 20, 1981, the Commission again requested information on the case
from the Guatemalan Government.
1. To date, the
Government has not replied to the Commission's requests for information,
dated July 3, 1980, and April 20, 1981.
2. Article 39 of
the Commission's Regulations provides as follows:
1. The facts
reported in the petition whose pertinent parts have been transmitted to
the government of the state in reference shall be presumed to be true if,
during the maximum period set by the Commission under the provisions of
Article 31 paragraph 5, the Government has not provided the pertinent
information, as long as other evidence does not lead to 8 different
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
1. Based on
Article 39 of its Regulations, to presume to be true the events reported
in the communication of July 2, 1980, concerning mistreatment of a number
of strikers and the abduction of Marcelino Santos Chajón and another
union worker at the Guatemalan Coca Cola Bottling Plant.
2. To declare that
the Government of Guatemala violated Article 7 (right to personal
liberty), 5 (right to human treatment), 8 (right to a fair trial), 15
(right of assembly), 16 (freedom of association) and 25 (right to judicial
protection) of the American Convention on Human Rights.
3. To recommend
that the Guatemalan Government investigate the events reported and, if
warranted, punish those responsible, and inform the Commission in 60 days
of the measures taken to implement this recommendation.
4. To transmit
this resolution to the Government of Guatemala and to the claimants.
5. To include this
resolution in the Commission's Annual Report to the General Assembly of
the Organization of American States pursuant to Article 18 (f), of the
Statute and Article 59 (g) of the Regulations of the Commission.
Dr. Francisco Bertrand Galindo declined to hear and decide on this case because he was living in Guatemala when the reported events occurred.