Informe provisional - Informe núm. 407, Junio 2024

Caso núm. 2923 (El Salvador) - Fecha de presentación de la queja:: 13-ENE-12 - Activo

Allegations: Murder of a trade union leader

1. 163. The Committee last examined this case at its June 2023 meeting, when it presented an interim report to the Governing Body [see 403rd Report, paras 218–228, approved by the Governing Body at its 348th Session (June 2023)]. 
2. 164. The Government of El Salvador sent its observations in a communication dated 6 March 2024.

A. Previous examination of the case

1. 165. At its June 2023 meeting, the Committee made the following recommendations [see 403rd Report, para. 228]:
   • (a) The Committee, deploring the absence of tangible progress towards the resolution of the case more than 13 years since the murder, firmly urges the Government and all the competent authorities to make, in a coordinated manner and as a matter of urgency and priority, all the necessary efforts to expedite and conclude the investigations under way in order to identify and punish as soon as possible both the instigators and the perpetrators of the murder of Mr Victoriano Abel Vega, while ensuring the protection of all witnesses who could be instrumental in the resolution of the case. In particular, the Committee urges the Government to take all appropriate measures so that the competent authorities are provided with the required human and financial resources and that they ensure that when conducting the investigations, special attention is paid to exchanging appropriate information with the complainant organizations in the present case with a view to clarifying whether this crime is of an anti-union nature. Firmly expecting that tangible progress will be made in this regard, the Committee requests the Government to keep it informed of any progress in the investigation and criminal proceedings.
   • (b) The Committee once again draws the Governing Body’s attention to the extremely serious and urgent nature of this case.

B. The Government’s reply

1. 166. In its communication of 6 March 2024, the Government indicates that the Ministry of Labour and Social Welfare has been asking the Public Prosecutor of the Republic to reopen the case related to the murder of Mr Victoriano Abel Vega, a trade union leader, since 2019. The Government indicates that it has been continuously monitoring progress in the investigation. In this regard, the Government indicates that, according to the information provided by the Public Prosecutor of the Republic, the case is ongoing and various investigative procedures have been carried out, which have made it possible to draw possible conclusions. The Government adds, however, that since this is a homicide case, the findings of the investigation are of limited access to the parties, in accordance with the provisions of section 76 of the Code of Criminal Procedure. The Government concludes that it will inform the Committee as soon as it has the findings of the investigation.

C. The Committee’s conclusions

1. 167. The Committee recalls that it has considered this serious case on numerous occasions, which refers to the murder, on 16 January 2010, of Mr Victoriano Abel Vega, general secretary of the Union of Municipal Workers of Santa Ana (SITRAMSA), who, according to the complainant organizations, had already received death threats for his union activities.
2. 168. The Committee notes the Government’s indication that the Ministry of Labour and Social Welfare has been asking the Public Prosecutor of the Republic to reopen the file since 2019 in order to shed light on the circumstances surrounding the murder of Mr Victoriano Abel Vega. The Committee recalls that, according to the information provided by the Public Prosecutor of the Republic in October 2021 that was previously conveyed by the Government, the Specialized Prosecutorial Unit for Extortion and Organized Crime reopened the investigation into the suspects for aggravated homicide against Mr Victoriano Abel Vega and that directives have been issued to the Central Investigation Division of the National Civil Police of El Salvador to interview possible informants concerning the homicide and prepare the corresponding reports. In this regard, the Committee notes that the Government reports that the case is still under way and that, although various investigative procedures have been carried out, the findings of these procedures are of limited access to the parties, according to the provisions of the Code of Criminal Procedure.
3. 169. While noting that this case is still under way more than 14 years since the murder, the Committee once again deplores that no tangible progress has yet been made in identifying and punishing the perpetrators of this serious crime. The Committee is therefore bound to recall, once again, that it is important that all instances of violence against trade union members, whether these be murders, disappearances or threats, are properly investigated. Furthermore, the mere fact of initiating an investigation does not mark the end of the Government’s work; rather, the Government must do all within its power to ensure that such investigations lead to the identification and punishment of the perpetrators [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 102].
4. 170. In the light of the above and noting with concern that in another case involving the murder of a leader of a union from another municipality, a situation of impunity also persists (see Case No. 3395, 404th Report of the Committee on Freedom of Association, paras 337–349), the Committee once again firmly urges the Government and all the competent authorities to make, in a coordinated manner and as a matter of urgency and priority, all the necessary efforts to expedite and conclude the investigations under way in order to identify and punish as soon as possible both the instigators and the perpetrators of the murder of Mr Victoriano Abel Vega, while ensuring the protection of all witnesses who could be instrumental in the resolution of the case. In this regard, the Committee once again urges the Government to take all appropriate measures so that the competent authorities are provided with the required human and financial resources and that they ensure that when conducting the investigations, special attention is paid to exchanging appropriate information with the complainant organizations in the present case with a view to clarifying whether this crime is of an anti-union nature. The Committee requests the Government to provide specific information on the concrete measures taken in this respect. Firmly expecting to receive information that shows that tangible progress has been made, the Committee is bound to reiterate its request to the Government to keep it informed of any progress in the investigation and criminal proceedings.

The Committee’s recommendations

1. 171. In the light of the foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee, deploring the absence of information on tangible progress towards the resolution of the case more than 14 years since the murder, firmly urges the Government and all the competent authorities to make, in a coordinated manner and as a matter of urgency and priority, all the necessary efforts to expedite and conclude the investigations under way in order to identify and punish as soon as possible both the instigators and the perpetrators of the murder of Mr Victoriano Abel Vega, while ensuring the protection of all witnesses who could be instrumental in the resolution of the case. In this regard, the Committee once again urges the Government to take all appropriate measures so that the competent authorities are provided with the required human and financial resources and that they ensure that when conducting the investigations, special attention is paid to exchanging appropriate information with the complainant organizations in the present case with a view to clarifying whether this crime is of an anti-union nature. The Committee requests the Government to provide specific information on the concrete measures taken in this respect.
   • (b) Firmly expecting to receive information that shows that tangible progress has been made, the Committee is bound to reiterate its request to the Government to keep it informed of any progress in the investigation and criminal proceedings.
   • (c) The Committee once again draws the Governing Body’s attention to the serious and urgent nature of this case.