REPORT OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
Case 7403 (GUATEMALA)
June 25, 1981
1. In a
communication of June 26, 1980, the following denunciation was made to the
Inter-American Commission on Human Rights:
June 21, 1980, the offices of the National Workers Union (CNT) in
Guatemala were attacked by non-uniformed police. From 25 to 30 persons
were detained. Although the streets around the CNT offices had been closed
by the police authorities, the Government claims it does not know the
whereabouts of the detained persons.
emergency meeting of the CNT leadership had been called to take up the
case of the teeth of two labor leaders killed the week before. On Friday,
June 20, EDGAR RENE ALDANA, secretary of an organizing committee of the
Coca Cola Bottling Plant workers, was shot and killed as he was leaving
work. This union leader was the sixth Coca Cola worker murdered. On
Saturday, June 21, the body of OSCAR AMILCAR PACHUCA was found, mutilated
by torture. He had been abducted on June 17 along with GUILLERMO HERNANDEZ
when they were working in the INCESA STANDART CO. GUILLERMO HERNANDEZ has
still not been found.
following persons are among those from the CNT headquarters who have been
detained or have disappeared: FLORENTINO GOMEZ, Coca Cola union leader;
FLORENCIA XOCOP, SARA CABRERA FLORES, of Agricasa; IRMA PEREZ, of Agricasa;
GONZALO VASQUEZ, ORLANDO GARCIA, of the "TURSA" Transport
Workers Union; BERNARDO MARROQUIN, union leader of the Kern's food
processing plant; ISMAEL VASQUEZ, Coca Cola union member; SONIA FURIO,
HILDA CARLOTA PEREZ, of Agricasa; OSCAR SALAZAR, MANUEL SANCHEZ and MARIO
SALQUERRE, members of the Free Press union.
denounced is the murder of the Spanish priest, Father MARIA GRAN SIERRA,
and his catechist by the Army on June 6 in Chajul, Quiche.
2. In a note of
July 8, 1980, the Commission transmitted the pertinent portions of this
denunciation to the Government of Guatemala, requesting that it supply
information on the case.
3. In a note of
August 25, 1980, the Commission supplied to the Guatemalan Government, as
additional information from the claimants, the names of the following
persons also alleged to have been abducted from the CNT union on June 21,
de la Cruz
4. In a note of
December 8, 1980, the Commission sent the Guatemalan Government additional
information received from the claimants in this case, containing a more
complete list of the names of persons abducted from the CNT union on June
21, 1980, as follows:
In notes of December 16, 1980, and April 20, 1981, the Commission
again requested information from the Guatemalan Government.
1. To date, the
Government has not replied to the Commission's requests for information.
2. Article 39 of
the Commission's Regulations provides as follows:
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 a
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
on Article 39 of its Resolutions, to presume to be true the events
reported in the communications of June 26, 1980, and thereafter,
concerning the attack against the offices of the National Workers Union (CNT)
and the arbitrary arrest of 25 CNT members on June 21, 1980. Also to
declare true the events connected with the violent deaths of Edgar René
Aldana, Oscar Amilcar Pachuca and Father María Gran Sierra, by officials
of the Guatemalan Government.
declare that the Guatemalan Government violated Articles 7 (right to
personal liberty), 8 (right to a fair trial), 15 (right of assembly), 25
(right to judicial protection), and 4 (right to life) of the American
Convention on Human Rights.
3. To recommend
that the Guatemalan Government investigate the events denounced and, if
warranted, punish those responsible, and to report to the Commission in 60
days on the measures taken to implement this recommendation.
4. To transmit
this resolution to the Government of Guatemala and to the claimant.
5. To include this
resolution in the Commission's Annual Report to the General Assembly of
the Organization of American States pursuant to Article l8 (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.