Washington College of Law|
Center For Human Rights and Humanitarian Law
Case 7383 (GUATEMALA)
June 25, 1981
- In a communication of July 2, 1980, the following denunciation was made to the
Inter-American Commission on Human Rights:
At ll:00 a.m. on July 1, approximately 80 armed men arrived at the Guatemalan
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
Both belong to the union. The name of one of them is Marcelino Santos Chajón.
- In a cable of July 3, 1980, the Commission transmitted the pertinent portions of
denunciation to the Guatemalan Government, requesting that it furnish information on the case.
- In a note of April 20, 1981, the Commission again requested information on the
case from the Guatemalan Government.
- To date, the Government has not replied to the Commission's requests for information,
dated July 3, 1980, and April 20, 1981.
- 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 m8ximum
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
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
- 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
- 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
association) and 25 (right to judicial protection) of the American Convention on Human Rights.
- Io recommend that the Guatemalan Government investigate the events reported
if warranted, punish those responsible, and inform the Commission in 60 days of the measures
to implement this recommendation.
- To transmit this resolution to the Government of Guatemala and to the claimants.
- 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.
[ Inter-American Human Rights