RESOLUTION Nš 17/82
March 9, 1982
The Inter-American Commission on Human Rights received the
following denunciation in a communication dated April 10, 1981:
report the kidnapping of Mr. Luis Federico Castillo Mauricio, a miner
and a trade-union leader, in the Province of Huehuetenango, Guatemala.
The victim is 32 years old, is married, and has three children under
seven years of age.
was kidnapped at midnight on February 24, 1981 by security forces at his
place of work.
want to know where he is detained and what are the charges against him.
In a note of May 6, 1981, the Commission transmitted the
pertinent parts of this denunciation to the Government of Guatemala, and
asked it to provide the corresponding information.
In a note of August 10, 1981, the Commission again wrote to the
Guatemalan Government repeating its request for information, and
reminding it that unless such information were forthcoming within the
corresponding legal deadline, in application of Article 39 of the
Regulations, the events recounted in the petition, the pertinent parts
of which had been transmitted to it, would be presumed to be true.
To date, the Guatemalan Government has not replied to the
Commission's requests for information in relation to the present case.
It appears from the Government of Guatemala's failure to reply to
the Commission's request for information that the hearing for friendly
settlement called for in the Commission's Regulations is not in order.
Article 39 of the Regulations provides as follows:
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 different conclusion.
The Commission has additional information in its possession that
corroborates the events recounted in the denunciation,
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
On the basis of Article 39 of the Regulations, to presume to be
true the acts denounced in the communication of April 10, 1981,
concerning the kidnapping and disappearance of the miners' union leader
Luis Federico Castillo Mauricio to be true.
To declare that the Government of Guatemala violated Article 7
(right to personal liberty) of the American Convention on Human Rights.
To recommend to the Guatemalan Government that it order an
exhaustive investigation of the events denounced, in order to establish
the responsibllity of the persons that are directly or indirectly
responsible, so that they can receive the proper legal punishment, and
that it communicate its decision to the Commission within a maximum of
To communicate this resolution to the Government of Guatemala and
to the claimants.
5. If the Government of Guatemala has not presented its observations within the time period set in paragraph 3 of this resolution, the Commission shall include this resolution in its Annual Report to the General Assembly, in accordance with Article 59, paragraph g of the Regulations of the Commission.