Interim Report - Report No 382, June 2017

Case No 2609 (Guatemala) - Complaint date: 24-OCT-07 - Active

Allegations: The complainants allege numerous murders and acts of violence against trade union members and flaws in the system that result in criminal and labour-related impunity

1. 315. The Committee last examined this case at its June 2016 session, when it submitted an interim report to the Governing Body [see 378th Report, approved by the Governing Body at its 327th Session (June 2016), paras 272–325].
2. 316. The Indigenous and Rural Workers’ Trade Union Movement of Guatemala (MSICG) sent new allegations in a communication dated 31 January 2017.
3. 317. The Government sent its observations in a communication dated 3 May 2017.
4. 318. Guatemala has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and the Collective Bargaining Convention, 1981 (No. 154).

A. Previous examination of the case

1. 319. At its June 2016 session, the Committee made the following recommendations [see 378th Report, para. 325]:
   • (a) The Committee expresses once again its deep and growing concern over the seriousness of this case, given the many instances of murder, attempted murder, assaults and death threats and the climate of impunity.
   • (b) The Committee firmly expects that the commitments made by the Government in the October 2013 roadmap and reaffirmed by the President of the Republic in March 2016 with regard to the conviction of perpetrators and instigators of murders of trade union members and the protection of trade union leaders and members against violence and threats will translate into actions and concrete results. The Committee urges the Government to inform it as promptly as possible of the actions taken in this regard and of the results obtained.
   • (c) The Committee encourages the continuing development of collaboration between the Public Prosecutor’s Office and the CICIG and stresses the importance of concerned trade union organizations being consulted when that institution is examining murder cases. The Committee requests the Government to keep it informed of the results of such collaboration in regard to the 12 murder cases selected in June 2015.
   • (d) The Committee urges the Government, in accordance with the guidelines suggested by the CICIG, to take as a matter of urgency all necessary measures to ensure that the investigations under way are directed towards both the perpetrators and the instigators of the acts and that, in planning and conducting the investigations, the possible anti-union motive behind the murders be fully and systematically taken into account. The Committee urges the Government to keep it promptly informed of the initiatives taken and the results obtained.
   • (e) The Committee urges the Government to take all necessary measures to ensure that additional economic and human resources are allocated to the Special Unit of the Public Prosecutor’s Office for Crimes against Trade Unionists. The Committee requests the Government to inform it promptly of the initiatives taken and the results obtained in this regard.
   • (f) The Committee urges the Government to continue strengthening inter-agency collaboration between the Ministry of Labour, the Ministry of the Interior, the Public Prosecutor’s Office and the judiciary with regard to the murders of trade union leaders and members. The Committee requests the Government to keep it informed in this regard.
   • (g) The Committee urges the Government to take all necessary measures to establish special courts in order to deal more swiftly with crimes and offences committed against members of the trade union movement. The Committee requests the Government to inform it of concrete initiatives taken in this regard.
   • (h) The Committee again urges the Government to develop and implement effective protection measures for persons who agree to collaborate in criminal investigations into acts of anti-union violence. The Committee requests the Government to keep it promptly informed of initiatives taken in this regard.
   • (i) The Committee requests the Government to provide further information about the reasons for its request for abatement of the criminal prosecution concerning the murder of Mr Jorge Ricardo Barrera Barco and for a stay of proceedings in the case of Mr Carlos Antonio Hernández Mendoza.
   • (j) The Committee urges the Government to send as promptly as possible information concerning the relevant investigations to identify and bring to justice both the perpetrators and the instigators of the murders of Mr Jerónimo Sol Ajcot, Mr Gerardo De Jesús Carrillo Navas, Mr William Retana Carias, Mr Manuel De Jesús Ortiz Jiménez, Mr Genar Efrén Estrada Navas, Mr Edwin Giovanni De La Cruz Aguilar, Mr Luis Arnoldo López Esteban and Mr Marlon Velázque.
   • (k) The Committee once again urges the Government to carry out a full investigation of the records of the Public Prosecutor’s Office in order to determine the existence of the complaint from Ms Lesvia Morales and urges the MSCIG to cooperate in good faith in the search. The Committee requests the Government and the complainant organization to keep it informed in this regard.
   • (l) The Committee reiterates its request that the complainant organizations provide further information about the allegations of death threats against Ms Selfa Sandoval Carranza, SITRABI board member, and the allegations of illegal detention and intimidation of members of the SITRAPETEN in several hotels across the country. The Committee points out that, in the event of it not receiving the said information for its next examination of the case, it will not pursue its analysis of the aforementioned allegations.
   • (m) The Committee once again urges the Government to institute an independent judicial inquiry into the allegations of attempted extrajudicial killings and death threats sustained by members of the Union of Commercial Workers of Coatapeque. The Committee requests the Government to keep it informed in detail about that inquiry and the resulting criminal proceedings.
   • (n) The Committee once again urges the Government to inform it of the actions taken to determine the whereabouts of Maria Antonia Dolores López, a minor at the time of the event. The Committee requests the Government to keep it informed in this regard.
   • (o) The Committee urges the Government to take all necessary measures to provide adequate protection to Mr Jorge Byron Valencia Martínez. The Committee requests the Government to keep it informed in this regard.
   • (p) The Committee urges the Government to increase the budget for protection arrangements for members of the trade union movement so that protected persons do not personally incur any expense as a result. The Committee requests the Government to keep it informed in this regard.
   • (q) The Committee again draws the special attention of the Governing Body to the extreme seriousness and urgent nature of this case.

B. New allegations

1. 320. In a communication dated 31 January 2017, submitted in Case No. 3251, the MSICG reports that on 9 November 2016, Mr Eliseo Villatoria Cardona, organization and information secretary and member of the executive committee of the Tiquisate Workers’ Union (SEMOT) in the department of Escuintla, was murdered. In that connection, the complainant emphasizes that: (i) Committee on Freedom of Association Case No. 3251 concerns numerous anti-union acts against SEMOT members committed by the Mayor of Tiquisate, Mr Héctor Portillo Coronado, since the union’s establishment in October 2015; (ii) these acts – which include withholding the wages of unionized workers in order to force them to resign from the union and dismissing workers who did not yield to pressure – resulted in judicial proceedings brought by the MSICG; (iii) the murder of Mr Eliseo Villatoro Cardona by people who were chasing him down the road was preceded by death threats from the Mayor’s office; (iv) the death threats, which were also received by other members of the union, were reported to the Public Prosecutor’s Office, which was slow to investigate them; and (v) particularly serious death threats were made publicly by the Mayor against one member of the union, Ms Sara Abigail Lemus Rubio de León. In this case, in keeping with its decision to examine simultaneously the many alleged murders of members of Guatemala’s trade union movement and other acts of anti-union violence in Case No. 2609, the Committee will consider both the murder of Mr Villatoro Cardona and the death threats against SEMOT members.

C. The Government’s reply

Murders already examined by the Committee

1. 321. In its communication dated 3 May 2017, the Government provides its observations with respect to the various pending issues of the present case. First, the Government refers to the institutional initiatives taken to expedite investigations and ongoing judicial proceedings regarding the killings of members of the Guatemalan trade union movement. In this regard, the Government indicates that: (i) the collaboration between the Public Prosecutor and the International Commission against Impunity in Guatemala (CICIG) continues with respect to the investigation of a list of 12 homicides selected by the trade union movement, and a total of 12 working meetings took place in 2016, the last of which took place on 30 November 2016; (ii) in the framework of the trade union committee of the Public Prosecutor’s Office, collaboration with trade union organizations continues in order to clarify the killings that affected members of the trade union movement; (iii) with a view to having a positive impact on the effectiveness and productivity of its work, the structure of the Special Prosecutor’s Office to investigate offences against trade unionists has been strengthened, and now has two dedicated agencies to crimes of disobedience and an agency dedicated to criminal offences against life and physical integrity; (iv) the Special Prosecutor’s Unit will then consist of: one Head of Unit, three Fiscal Agents, eight Auxiliary Prosecutors I, two Auxiliary Prosecutors II, three Public Prosecutor Officers and one Investigator of the Criminal Investigations Department; (v) a working meeting was held in January 2017 between the Public Prosecutor’s Office and the Criminal Investigation Division of the National Civil Police, in which it was decided to carry out investigations to allow strategic prosecution of ten cases of homicide, in order to individualize the material and intellectual authors of the criminal acts against trade unionists and to render effective the orders of apprehension dictated; (vi) within the framework of the collaboration agreement for the conformation and effective functioning of the Inter-Institutional Coordination Group for information on acts that may constitute criminal offences committed against trade union members and leaders, the Judicial Branch, the Public Ministry, the Ministry of Government and the Ministry of Labour and Social Welfare have been conducting regular meetings since 2014 with regard to the killings of trade union leaders and trade unionists in compliance with the roadmap; (vii) in order to deal with the large volume of labour claims, the judicial body inaugurated in January 2017 the Pluripersonal Court of First Instance of Labour Offences as well as the Pluripersonal Court of First Instance of Labour and Social Security of Chimaltenango; and (viii) the judicial body is working in addition to the Internal Regulations of Courts of Labour and Social Welfare.
2. 322. With regard to the reasons for requesting the termination of the criminal prosecution regarding the killing of Mr Jorge Ricardo Barrera Barco, member of the CGTG, on 22 March 2012, the Government indicates that: (i) that request was based on the fact that Mr Rómulo Emanuel Peña, who had been accused of the killing, had died in the Prison Centre of Fraijanes 1, where he was detained pending his trial; (ii) Mr Rómulo Emanuel Peña was charged with instigating the murder in the context of a mechanism for extortion of funds from public transport pilots; and (iii) the investigation with regard to the perpetrators of the murder continues.
3. 323. As regards the grounds for the acquittal in the criminal proceedings against the perpetrators of the murder of Mr Carlos Antonio Hernández Mendoza, leader of the National Union of Health Workers, who died on the 8 March 2013, the Government indicates that: (i) the acquittal of those accused of the murder was due to the contradictions of witnesses A and B; (ii) the Public Prosecutor’s Office initially appealed this decision; (iii) during the proceedings, witnesses A and B stated that they had made false statements and that, in fact, they had not witnessed the murder of Mr Hernández Mendoza; which is why the Public Prosecutor’s Office abandoned its objection to the dismissal of the case; and (iv) witnesses A and B are subject to criminal proceedings for false testimony and the Public Prosecutor’s Office will once again analyse the steps taken in the investigation to identify the perpetrators behind this crime.
4. 324. With respect to the information requested by the Committee concerning the murders of Mr Jerónimo Sol Ajcot, Mr Gerardo De Jesus Carrillo Navas, Mr William Retana Carias, Mr Manuel De Jesus Ortiz Jiménez, Mr Genar Efrén Estrada Navas, Mr Edwin Giovanni De La Cruz Aguilar, Mr Luis Arnoldo López Esteban and Mr Marlon Velázquez, the Government states that: (i) there is no record of murders of people named Jerónimo Sol Ajcot, Genar Efrén Estrada Navas, Edwin Giovanni De La Cruz Aguilar and Marlon Velázquez; and (ii) there could be some confusion between certain names and the case of Mr Marlon Velázquez could, for example, correspond to that of Mr Marlon Dagoberto López Vásquez, whose murder resulted in a conviction for murder with robbery on 1 July 2014. The Government then provides information from the Public Prosecutor’s Office with respect to the following five murders: (i) with respect to Mr Gerardo de Jesús Carrillo Navas, member of the Workers’ Union of the Municipality of Jalapa, the Public Prosecutor’s Office indicates that there is an ongoing investigation, that the Union’s board of directors did not consider that his murder was due to his union activities, that there are no eyewitnesses, that there is no ballistic coincidence and that the victim’s family members indicate that he had not been threatened; (ii) with regard to Mr William Leonel Retana Carias, also a member of the Workers’ Union of the Municipality of Jalapa, the Public Prosecutor’s Office indicates that two people have been linked to the murder and that, on 10 March 2017, the accused were sentenced to 50 years of immutable imprisonment by the first lower criminal court responsible for high-risk cases involving drug-related and environmental offences; (iii) with regard to Mr Manuel de Jesús Ortiz Jiménez, also a member of the Workers’ Union of the Municipality of Jalapa, the Public Prosecutor’s Office indicates that on 10 March 2017, the first lower criminal court responsible for high-risk cases involving drug-related and environmental offences, sentenced one of the perpetrators of the crime to 25 years of immutable imprisonment.
5. 325. The Government then provides up-to-date information from the Public Prosecutor’s Office on the status of investigations and prosecutions concerning 20 murders of trade union leaders and members of unions with respect to which the Committee had observed in its previous examination of the case that they appeared to be possible indications of anti-union motives. The Government indicates in particular that: (i) an arrest warrant has been issued against Mr León Pacheco, one of the alleged perpetrators of the murder of Mr Oscar Humberto González Vásquez and Mr Miguel Angel González Ramirez, both of whom belong to the Izabal Banana Workers’ Union; (ii) the first lower criminal court responsible for high-risk cases involving drug-related and environmental offences of Coatepeque condemned on 27 May 2016 to 18 years of imprisonment to the direct perpetrator of the murder of Mr Diego Chiti Pú, member of the Coatepeque Workers’ Union; and (iii) an arrest warrant has been issued against the possible instigators behind the murder of Mr Roberto Oswaldo Ramos Gómez (of the Coatepeque Municipal Workers’ Union) and Mr Wilder Hugo Barrios López (of the Union of Minibus Drivers of the Magnolia Camposanto District of Coatepeque).

New murder

1. 326. In its communication dated 3 May 2017, the Government also provides information on the investigations into the murder of Mr Eliseo Villatoro Cardona, leader of the trade union SEMOT, which took place on 9 November 2016. In this respect, the Government indicates that: (i) the National Civil Police of Tiquisate and the Specialized Division of Criminal Investigation of Escuintla, carried out preliminary investigations, respectively, on 9–10 November 2016; (ii) scientific examinations were carried out by the competent institutions; (iii) between 10 November 2016 and 9 February 2017, 11 people including family members, former co-workers of the victim, and leaders and members of SEMOT provided testimony; (iv) on 31 January 2017, Mr Jorge Amilcar Jimenez Conreras, Secretary-General of SEMOT, extended his testimony in which he requested security measures to be taken to all the directors of SEMOT as they felt threatened by the mayor of Tiquisate, who is believed to have the intention of dissolving the trade union; (v) SEMOT’s Board of Directors communicated an undated report about the activities that took place since the establishment of the trade union; (vi) on February 3, 2017, a hearing was held in the Criminal Court of First Instance of Santa Lucia Cotzumalguapa to request Jurisdictional control and Authorization to request information from the state telephone companies to establish the location of telephone cells; and (vii) an extension of the testimony of the mother of the deceased is pending and the general secretariat will be requested to indicate whether there is a ballistic coincidence of the evidence seized.

Other allegations relating to acts of violence

1. 327. With regard to the search carried out by the Office of the Public Prosecutor to determine the existence of a complaint by Ms Lesbia Morales, the Government indicates that the Public Prosecutor’s Office carried out a new manual and electronic search of its archives and it came to the conclusion that there was no record of any complaint in the SICOMP system.
2. 328. With regard to the allegations made by one of the complainant organizations concerning Ms Selfa Sandoval Carranza and members of the Workers’ Union of the Petén Distribution Company (SITRAPETEN), the Government indicates that the Office of the Public Prosecutor carried out the respective search by means of manual and electronic registration in the SICOMP system and it came to the conclusion that there was no record of any complaint regarding the alleged facts.
3. 329. With respect to the alleged death threats made against Mr Jorge Byron Valencia Martinez, Secretary-General of the Union of Administrative and Educational Service Workers of Guatemala (STAYSEG) and the protection afforded to him, the Government indicates that: (i) on 27 December 2013, the Directorate of the National Civil Police was requested to provide immediate assistance to Mr Valencia Martínez, requesting the reinforcement of patrolling at his home and at work; (ii) the threats that he has received have led to an investigation carried out by the authorities, which is still ongoing; (iii) Mr Byron Valencia has not provided any new evidence; and (iv) no new threats have been reported against Mr Valencia Martínez.
4. 330. In connection with the alleged disappearance of Ms Maria Dolores López, a family member of a witness who had witnessed the murder of a member of the trade union and who was underage at the time of the events, the Government indicates that she was identified and interviewed on the 21 April 2017. Ms Maria Dolores López indicated on that occasion that she had not been a victim of a kidnapping and that she had escaped to live with her boyfriend to whom she is married.
5. 331. With regard to the general measures taken to ensure the protection of members of the trade union movement, the Government indicates that the Protocol for the Implementation of Immediate and Preventive Security Measures in favour of Unionized Workers, Officers, and Trade Union Leaders, including those who advocate for the defence of labour rights, as well as the areas in which they perform the activities, is still in force. The said Protocol was socialized in a public act on 20 January 2017 and published on 22 March 2017 in the Diario de Centro America, the country’s official newspaper. The Government adds that, in order to ensure that the accommodation costs and meals for police officers are not imposed on those who are subject to threats and who benefit from a personal security measure, in June 2016 the Ministry of the Interior authorized the increase of a special bonus for 700 monthly quetzals (GTQ) making a total of GTQ1,800 quetzals of special bonus for each agent of the National Civil Police, which has been paid since 1 July 2016.

D. The Committee’s conclusions

1. 332. The Committee recalls that in this case, the complainants report numerous murders and acts of violence against trade union leaders and members, as well as impunity in that regard.
2. 333. The Committee observes that since its last examination of this case in June 2016, the Governing Body of the ILO has examined on two occasions the complaint concerning non-observance by Guatemala of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), made by several Workers’ delegates to the 101st Session (2012) of the International Labour Conference under article 26 of the ILO Constitution. The Committee recalls that the complaint concerns, among other things, allegations of murders of trade union leaders and members and of prevailing impunity in that regard. The Committee notes in particular that: (i) in October 2013, as follow-up to the complaint made under article 26 of the ILO Constitution, the Government, in consultation with the social partners, adopted a roadmap whereby it undertakes to ensure the timely trial and conviction of the perpetrators and instigators of the crimes against trade union officials and members and to strengthen the prevention and protection mechanisms in respect of threats and attacks against trade union officials and members; and (ii) at its 329th Session (March 2017), the Governing Body decided to defer consideration of the possible appointment of a commission of inquiry until its November 2017 session.
3. 334. The Committee takes note of the Government’s observations sent in a communication dated 3 May 2017. The Committee also notes that, as follow-up to the complaint made under article 26 of the ILO Constitution, both the Government and the complainants in this case have regularly submitted extensive information to the Governing Body of the ILO. The Committee will refer to this information where relevant to its examination of the allegations in this case.
4. 335. For the seventh time, the Committee deeply regrets the numerous acts of violence reported in the complaint and expresses its deep concern about the many murdered trade union leaders and members. The Committee once again draws the Government’s attention to the fact that union rights can only be exercised in a climate free from violence, intimidation and threats of any kind against trade union members, and that it is for governments to ensure that this principle is respected [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, para. 44].

Previously examined allegations of murder

1. 336. The Committee takes note that, in its observations sent in the context of the present case as well as the information provided in October 2016 and February 2017, as follow-up to the complaint made under article 26 of the ILO Constitution, the Government has informed about the progress of the investigations and criminal proceedings in respect of 84 murders (74 that had previously been reported to the ILO by the trade union movement and an additional ten that had been reported at the national level). The Committee observes that, according to the abovementioned information, and specifically with respect to the 84 murders: (i) 13 convictions, three acquittals and one committal to a psychiatric hospital have been handed down; (ii) one case is currently at the oral hearing phase; (iii) arrest warrants have been issued in seven cases; (iv) three cases are at an intermediary stage of the proceedings; (v) the criminal prosecution has been abated in four cases; (vi) there has been a stay of proceedings in one case; and (vii) 51 cases remain under investigation.
2. 337. The Committee also notes that the Government mentions several institutional initiatives designed to facilitate the inquiry into the murders of trade union officials and leaders; these include: (i) a meeting between the Public Prosecutor’s Office and the criminal investigation division of the national civil police, in which it was decided to initiate proceedings with a view to strategic criminal prosecution in ten murder cases so that the perpetrators and instigators of the crimes against trade union members can be identified and the arrest warrants served; (ii) reorganization of the Special Investigation Unit for Crimes against Trade Unionists, which will include two agencies that focus on disobedience offences and one that focuses on murders and assaults; (iii) the continued activity of the Trade Union Committee of the Public Prosecutor’s Office, in which the trade unions, the Public Prosecutor’s Office, the Ministry of Labour and the Representative of the Director-General in Guatemala participate on a regular basis; and (iv) continued collaboration with the CICIG in the investigation of a list of 12 murders selected by the trade union movement; the most recent working meeting was held on 30 November 2016.
3. 338. The Committee takes due note of the initiative designed to strengthen cooperation between the Public Prosecutor’s Office and the national civil police in investigating the murders of ten members of the trade union movement. It hopes that this cooperation will continue to be strengthened and institutionalized and requests the Government to keep it informed in that regard. The Committee also notes with interest the Government’s indication in the information provided to the Governing Body as follow-up to the complaint made under article 26 of the ILO Constitution, that the implementation of General Directive No. 1-2015 has facilitated rapid identification of the perpetrators of recent murders, particularly Ms Estrada’s. Notwithstanding the foregoing, the Committee regrets that there has been no progress on most of the issues that caused it deep concern when it last examined the case: (i) the still-very-low number of murders that have led to convictions (13 out of 84, as well as one committal to a psychiatric hospital), despite the amount of time that has elapsed since the events; (ii) the even smaller number of cases (two) of conviction of the instigators; (iii) the high number of arrest warrants that have yet to be enforced; and (iv) the even higher number of cases under investigation in which, based on the description provided by the Public Prosecutor’s Office, there are no immediate prospects of identifying the perpetrators and instigators of the crimes. The Committee recalls in this connection that the absence of judgments against the guilty parties creates in practice a situation of impunity which reinforces the climate of violence and insecurity, and which is extremely damaging to the exercise of trade union rights [see Digest, op. cit., para. 52].
4. 339. Furthermore, when it last examined the case, the Committee noted with particular concern that there had been no progress in investigating the murders for which evidence of possible anti-union motives has been found (because numerous members of the same union have been killed, the CICIG or the Public Prosecutor’s Office itself has already specifically identified a possible anti-union motive, or the victims were members of trade unions which, to the Committee’s knowledge, were being targeted by anti-union attacks at the time of the events). In that connection, the Committee has mentioned 20 victims who were members of the Union of Izabal Banana Workers (SITRABI); the Union of Workers of the Municipality of Coatepeque; the Union of Commercial Workers of Coatepeque; the Union of Minibus Drivers of the Magnolia Camposanto District; the National Union of Health Workers of Guatemala; the Union of Municipal Workers of Malacatán, San Marcos; the Union of Technical and Administrative Support Workers of the Criminal Public Defence Institute; or the Union of Migration Clerks [see 378th Report, para. 310]. While taking due note of the information provided by the Government, the Committee observes with regret that with respect to the 20 aforementioned murders: (i) to date, only one condemnatory sentence has been handed down; (ii) with the exception of two arrest warrants that are still to be implemented, each concerning two of the murders committed in Coatepeque, there has still been no progress with the investigations of the abovementioned murders; (iii) the documents of the Public Prosecutor’s Office sent by the Government make no mention of inquiries made in relation to the victims’ union activities; and (iv) even though the Public Prosecutor’s Office refers, in several cases, to the need to reorient the investigations, there is no mention to the trade union activities of the victims as a central axis of the investigations (with the exception of Mr Pedro Antonio García’s murder, from the Municipal Workers’ Union of Malacatán, where it is indicated that the members of the union will be contacted); and (v) with the exception of the Union of Workers of the Municipality of Coatepeque and the murder of two members of the National Union of Health Workers, the documents sent by the Public Prosecutor’s Office make no mention of links between the investigations into the murders of several members of the same trade union. In light of the foregoing, and recalling the adoption of General Directive No. 1-2015 of the Public Prosecutor’s Office, the Committee again urges the Government to take as a matter of urgency all necessary measures to ensure that the possible anti-union motive for the murders of members of the trade union movement is fully and systematically taken into account in planning and conducting investigations and that the investigations focus on both the perpetrators and the instigators of the acts. The Committee requests the Government to keep it informed, without delay, of the measures taken and the results obtained in this respect, particularly in the aforementioned cases in which possible anti-union motives have been found. In that connection, the Committee emphasizes that it is important for the Public Prosecutor’s Office to cooperate closely with the CICIG and to engage with the trade union confederations through the Trade Union Committee of the Public Prosecutor’s Office. The Committee requests the Government to take all necessary steps to strengthen the aforementioned cooperation forums with support from the Representative of the Director-General in Guatemala.
5. 340. Generally speaking, while the Committee is aware of some steps that have been taken since the adoption of the roadmap in 2013, it feels compelled to reiterate that the high degree of impunity that continues to prevail and the very high number of murders awaiting elucidation and sentencing urgently require the allocation of additional economic and human resources to the Special Unit of the Public Prosecutor’s Office for Crimes against Trade Unionists. The Committee again urges the Government to inform it promptly of the initiatives taken and the results obtained in this regard. In addition, recalling the comments contained in the 2014 CICIG report on the lack of action of the bodies tasked with administering justice and noting that, as follow-up to the complaint under article 26, the Government reported in February 2016 that the Supreme Court had prepared a draft text in that connection, the Committee encourages the Government to take all necessary measures to establish special courts in order to deal more swiftly with criminal and other offences committed against members of the trade union movement. Noting that the information provided by the Government relating to the establishment of two new courts refers to labour jurisdictions that are not competent to penalize the criminal offences examined in the context of this case, the Committee requests the Government to inform it of the concrete initiatives taken with respect to the establishment of special criminal courts. Furthermore, as in its previous examinations of the case, the Committee continues to observe that the information provided by the Public Prosecutor’s Office mentions that in several cases, it is impossible to secure the witnesses’ cooperation with the investigation owing to their fear of reprisals. Therefore, the Committee once again urges the Government to develop and implement effective protection measures for persons who agree to cooperate in criminal investigations into acts of anti-union violence. The Committee requests the Government to keep it promptly informed of initiatives taken in this regard.
6. 341. When it last examined the case, the Committee requested the Government to provide further information on the reasons for its request for abatement of the criminal prosecution concerning the murder of the CGTG member, Mr Jorge Ricardo Barrera Barco, on 22 March 2012. On this point, the Committee notes that the Government provides information from the Public Prosecutor’s Office to the effect that abatement of the criminal prosecution was requested because it was learned that the instigator behind Mr Barrera Barco’s murder had died and that the investigations to identify the perpetrators behind the murder are still ongoing. The Committee also observes that the documents from the Public Prosecutor’s Office indicate that Mr Barrera Barco, a public bus driver, had refused to pay a bribe demanded by the gang to which the person who orchestrated the crime belonged to. While taking note of this information, the Committee requests the Government to keep it informed of progress in the investigation concerning the perpetrators behind the murder and of any links between the victim’s trade union activities and his refusal to pay the bribe demanded by a criminal gang.
7. 342. With respect to the stay of proceedings in the case concerning Mr Carlos Antonio Hernández Mendoza, leader of the National Union of Health Workers, who was murdered on 8 March 2013, the Committee takes note of the information provided by the Public Prosecutor’s Office through the Government to the effect that: (i) the stay of proceedings by the courts was based on the contradictions of the statements of the two witnesses, who ended up acknowledging that they had not witnessed the murder of Mr Hernández Mendoza; (ii) as a result of the said statements, the Public Prosecutor’s Office did not continue with the objection to the stay of proceedings; and (iii) the witnesses are subject to criminal proceedings for false testimony and the Public Prosecutor’s Office will once again analyse the steps taken in the investigation to identify the perpetrators and instigators behind this crime. While taking note of this information, and noting that the false testimonies mentioned above could have been part of a manoeuvre to cover up the real perpetrators of the crime, the Committee requests the Government to inform of the results of the ongoing investigations; and particularly of the measures taken in order to identify any relationship between the murder of the trade union leader and his union activities.
8. 343. When it last examined the case, the Committee urged the Government to send as promptly as possible information concerning the investigations to identify and bring to justice both the perpetrators and the instigators of the eight murders committed in 2013 and 2014 (Mr Jerónimo Sol Ajcot, Mr Gerardo De Jesús Carrillo Navas, Mr William Retana Carias, Mr Manuel De Jesús Ortiz Jiménez, Mr Genar Efrén Estrada Navas, Mr Edwin Giovanni De La Cruz Aguilar, Mr Luis Arnoldo López Esteban and Mr Marlon Velázque). In that connection, the Committee notes the Government’s information with respect to five of these eight cases: (i) with regard to Mr Gerardo de Jesús Carrillo Navas, member of the Union of Workers of the Municipality of Jalapa, the Public Prosecutor’s Office states that the investigation is ongoing, that the union’s executive committee considers that his death is unrelated to his trade union activity, that there were no witnesses to the crime, that there is no ballistics match and that the victim’s relatives report that no threats had been made against him; (ii) with regard to Mr William Leonel Retana Carias, another member of the Union of Workers of the Municipality of Jalapa, the Public Prosecutor’s Office states that two people have been charged with his murder and that on 10 March 2017, the defendants were sentenced to 50 years of immutable imprisonment by the first lower criminal court responsible for high-risk cases involving drug-related and environmental offences for prosecution; (iii) with regard to Mr Manuel de Jesús Ortiz Jiménez, yet another member of the Union of Workers of the Municipality of Jalapa, the Public Prosecutor’s Office states that on 10 March 2017, the first lower criminal court responsible for high-risk cases involving drug-related and environmental offences for prosecution sentenced one of the perpetrators of the crime to 25 years of immutable imprisonment. While taking due note of this information concerning the murder of three members of the Union of Workers of the Municipality of Jalapa, and in particular, of the issuance of two condemnatory sentences, the Committee requests the Government to provide information on the motives for the murder of Mr Retana Carias and Mr Ortiz Jiménez and on the investigations conducted in order to identify any link between the murders and the victims’ union-related activities; (iv) with regard to Mr Luis Arnoldo López Esteban, member of the Union of Public Service Transport Workers of Ciudad Pedro de Alvarado and of the CGTG, the Public Prosecutor’s Office states that the case is under investigation and that on 9 January 2017, the human rights office in the department of murder investigations submitted a report that includes interviews with Ms Dora Alicia Soto González de López, who denies that the motive was extortion, and with the victim’s children; and (v) the Public Prosecutor’s Office reports that on 1 July 2014, the perpetrator of the 6 January 2014 murder of Mr Marlón Dagoberto Vásquez López was convicted; the perpetrator was a minor and the motive was robbery. The Committee takes note that the Government considers that given the reported date of the murder, the victim’s name and a certain similarity in surname, this case may be identical to one of the complainants’ complaint concerning the murder of a person known as Marlón Velásquez. The Committee therefore requests the complainants to provide confirmation.
9. 344. With regard to the alleged murders of Mr Jerónimo Sol Ajcot, Mr Genar Efrén Estrada Navas and Mr Edwin Giovanni De La Cruz Aguilar, the Committee notes with concern that, almost three years after the corresponding denunciation by the trade union movement, the Government indicates that there are no records of any murders with respect to those names, and that the names indicated by the complainant organizations must have been imprecise. Recalling that the trade union committee of the Public Prosecutor’s Office has been established in order to allow an open exchange of information between the Public Prosecutor’s Office and the trade unions with respect to the murders and acts of violence affecting members of the trade union movement, the Committee urges the Government to take as soon as possible, the necessary measures in cooperation with the complainant organizations so as to clarify the identity of the persons concerned and to inform on the investigations carried out to identify and bring to justice the instigators and perpetrators of the alleged facts.

New allegation of murder

1. 345. The Committee notes with deep concern the MSICG’s allegation that Mr Eliseo Villatoro Cardona, organization and information secretary and member of the executive committee of the Tiquisate Workers’ Union (SEMOT) in the department of Escuintla, was murdered on 9 November 2016 and that his murder was preceded by numerous anti-union acts committed by the Mayor of Tiquisate, reported in the Committee’s Case No. 3251, and by death threats against various SEMOT members that have been reported to the Public Prosecutor’s Office. The Committee deeply regrets this additional murder. The Committee also notes that according to the information provided by the Government in relation to the abovementioned murder: (i) 11 people including family members, former co-workers of the victim, and leaders and members of SEMOT provided testimony; (ii) on 31 January 2017, Mr Jorge Amilcar Jimenez Conreras, Secretary-General of SEMOT, extended his testimony in which he requested security measures to be taken to all the directors of SEMOT as they felt threatened by the mayor of Tiquisate, who is believed to have the intention of dissolving the trade union; and (iii) a report produced by SEMOT is being considered in the investigation.
2. 346. Recalling the aforementioned principles relating to the effort to combat impunity and the need for prompt investigation and prosecution in cases of acts of anti-union violence, the Committee urges the Government to implement General Directive No. 1-2015 by continuing to take all necessary measures with the greatest diligence to identify and bring to justice the perpetrators and instigators of this murder as promptly as possible and ensuring that the death threats reported to the Public Prosecutor’s Office are examined with due promptness and that the SEMOT members who have received threats are provided with the appropriate protection measures immediately. The Committee requests the Government to keep it informed in this regard.

Other allegations of violence

1. 347. The Committee notes that in its observations, the Government mentions overall efforts to better protect members of the trade union movement, including: (i) the establishment of a risk assessment committee involving several institutions, such as the national civil police, the Public Prosecutor’s Office, the Ministry of Labour and Social Welfare and the Journalists and Human Rights Activists Unit; (ii) the adoption, in cooperation with the trade union movement, of the Protocol for the Implementation of Immediate and Preventive Security Measures for Trade Union Members, Officers, Activists, Leaders and Labour Rights Activists and the Provision of Premises for their Activities; and (iii) the special monthly bonus of GTQ700 that was granted to national civil police officers in June 2016 in order to ensure that their food and lodging costs need not be covered by people who had received threats and been provided with personal security. The Committee also takes note that in the information provided in October 2016 and February 2017 as follow-up to the complaint made under article 26 of the ILO Constitution, the Government indicated that from October 2016 to 20 January 2017, the Ministry of the Interior received 14 requests for security measures from trade unionists, due to which 14 risk assessments were conducted, as a result of which two personal security measures and 12 perimeter security measures were authorized.
2. 348. The Committee notes that it has not received from the complainants the information that it has been requesting since 2013 with regard to the allegations of death threats against a SITRABI board member, Ms Selfa Sandoval Carranza, and of the illegal detention and intimidation of members of the SITRAPETEN in several hotels across the country. Under the circumstances, the Committee will not pursue the examination of these allegations.
3. 349. With regard to the request that a full investigation be conducted in the archives of the Public Prosecutor’s Office in order to establish the existence of a complaint by Ms Lesvia Morales regarding events from 2009, the Committee takes note, on the one hand, of the indication from the Government that the Public Prosecutor’s Office carried out a new search and it was established that there was no record of such a complaint in the manual or electronic SICOMP system. The Committee further notes that the MSICG does not appear to have provided additional details in the search for the above complaint. In these circumstances, the Committee will not proceed with the examination of this allegation.
4. 350. With regard to the situation of Ms María Antonia Dolores López, family member of a witness to the murder of a member of the trade union, and a minor at the time of his alleged disappearance, the Committee notes that the Government indicates that: (i) she was interviewed in April 2017 by the competent services; (ii) Ms Dolores López indicated that she had not been a victim of a kidnap but had escaped to live with her boyfriend with whom she is currently married to. The Committee takes note of this information and will therefore not proceed with the examination of this allegation.
5. 351. With regard to the situation of the trade union leader, Mr Jorge Byron Valencia Martínez, who had received death threats and to whom the Committee had requested that protective measures be taken, the Committee takes note that the Government indicates that: (i) on 27 December 2013, the Directorate General of the National Civil Police was requested to provide immediate assistance to Mr Valencia Martínez, requesting also the reinforcement of patrols in his home and at his workplace; (ii) the investigation concerning the above threats is still ongoing; and (iii) the trade union leader has not denounced new facts that are related to the complaint it had submitted. The Committee takes note of this information and trusts that, in the event of new threats against Mr Valencia Martínez, he will be provided with the appropriate protection measures.
6. 352. While taking note of the Government’s information regarding the status of the investigations concerning the killing of several members of the Union of Commercial Workers of Coatepeque, the Committee observes that the Government has still not provided information on the conduct of an inquiry into the attempted extrajudicial killings and death threats sustained by other members of that Union.
7. 353. Recalling that the rights of workers’ and employers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations, and it is for governments to ensure that this principle is respected [see Digest, op. cit., para. 44], the Committee once again urges the Government to institute an independent judicial inquiry of the mentioned allegations. The Committee requests the Government to keep it informed in detail about that inquiry and the resulting criminal proceedings.

The Committee’s recommendations

1. 354. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee expresses once again its deep and growing concern over the seriousness of this case, given the many instances of murder, attempted murder, assaults and death threats and the climate of total impunity.
   • (b) The Committee hopes that the cooperation between the Public Prosecutor’s Office and the national civil police in investigating the murders of members of the trade union movement will continue to be strengthened and institutionalized and requests the Government to keep it informed in that regard.
   • (c) The Committee again urges the Government to take as a matter of urgency all necessary measures to ensure that the possible anti-union motive for the murders of members of the trade union movement is fully and systematically taken into account in planning and conducting investigations and that the investigations focus on both the perpetrators and the instigators of the acts. The Committee requests the Government to keep it informed, without delay, of the measures taken and the results obtained in this respect, particularly in the aforementioned cases in which possible anti-union motives have been found.
   • (d) The Committee again urges the Government to inform it promptly of the initiatives taken and the results obtained with regard to the allocation, as a matter of urgency, of additional economic and human resources to the Special Unit of the Public Prosecutor’s Office for Crimes against Trade Unionists.
   • (e) The Committee urges the Government to take all necessary measures to establish special courts in order to deal more swiftly with crimes and offences committed against members of the trade union movement. The Committee requests the Government to inform it of concrete initiatives taken in this regard.
   • (f) The Committee requests the Government to take all necessary steps to strengthen institutional cooperation with the CICIG and the Trade Union Committee of the Public Prosecutor’s Office with support from the Representative of the Director-General in Guatemala.
   • (g) The Committee once again urges the Government to develop and implement effective protection measures for persons who agree to cooperate in criminal investigations into acts of anti-union violence. The Committee requests the Government to keep it promptly informed of initiatives taken in this regard.
   • (h) The Committee requests the Government to keep it informed of progress in the investigation concerning the perpetrators of the murder of Mr Barrera Barco and of any links between the victim’s trade union activities and his refusal to pay the bribe demanded by a criminal gang.
   • (i) With regard to the murder of Mr Carlos Antonio Hernández Mendoza, the Committee requests the Government to keep it informed of the results of the ongoing investigations and, in particular, of the measures taken in order to identify any relationship between the murder of the trade union leader and his union activities.
   • (j) The Committee requests the Government to provide information on possible motives for the murders of Mr Retana Carias and Mr Ortiz Jiménez, members of the Union of Workers of the Municipality of Jalapa, and on the investigations conducted in order to identify any link between the murders and the victims’ union-related activities.
   • (k) The Committee requests the complainants to confirm that the information provided by the Government with regard to the murder of Mr Marlón Dagoberto Vásquez López on 6 January 2014 corresponds to the allegation that a person known as Marlón Velásquez was murdered on the same date.
   • (l) With respect to the alleged murders of Mr Jerónimo Sol Ajcot, Mr Genar Efrén Estrada Navas and Mr Edwin Giovanni De La Cruz Aguilar, the Committee urges the Government to take as soon as possible the necessary measures so that, in collaboration with the complainant organizations, there can be clarification as to the identity of the people concerned, and to inform it about the investigations taken to identify and bring to justice the perpetrators and instigators of the alleged facts.
   • (m) The Committee urges the Government to implement General Directive No. 1-2015 by continuing taking all necessary measures with the greatest diligence to identify and bring to justice the perpetrators and instigators of the murder of Mr Eliseo Villatoro Cardona and ensuring that the death threats reported to the Public Prosecutor’s Office are examined with due promptness and that the SEMOT members who have received threats are provided with the appropriate protection measures immediately. The Committee requests the Government to keep it informed in this regard.
   • (n) The Committee once again urges the Government to institute an independent judicial inquiry into the allegations of attempted extrajudicial killings and death threats sustained by members of the Union of Commercial Workers of Coatapeque. The Committee requests the Government to keep it informed in detail about that inquiry and the resulting criminal proceedings.
   • (o) The Committee once again draws the special attention of the Governing Body to the extreme seriousness and urgent nature of this case.