Washington College of Law|
Center For Human Rights and Humanitarian Law
CASE 7490 (GUATEMALA)
June 25, 1981
- In a communication of September 10, 1980, the following
denunciation was made to the Inter-American Commission of Human
On August 24, government security forces (detectives and army
personnel), under the direction of Alfonso Ortiz, the Deputy Chief
of the National Police Detectives Division, took 17 union leaders
The leaders were meeting at the "Emaús Medio Monte"
farm, Palin District, Escuintla Department, owned by the Diocese
of Escuintla. The license numbers of two of the vehicles used in
the operation are P-78165 and P-78077. The numbers of the other
license plates were not recorded because of the surprise elements
of the operation.
As in the detention of the 27 union leaders of the National
Workers Confederation (CNT), at that same headquarters, the
Government denies having knowledge of the action and denies that
the workers are being held, against all concrete evidence to the
- In a note of September 17, 1980, the Commission transmitted the
pertinent portion of this denunciation to the Government of
Guatemala, asking for information on the case.
- In a note of October 21, 1980, the Commission transmitted to the
Guatemalan Government the following additional information received
from the claimants:
Among the persons detained at the "Emaús Medio
Monte" farm were the following: Gustavo Adolfo Bejareno, Juan
Guerra, Guillermo Turcios, Augusto Yach Ciriaco, Edgar de la Cruz,
Iliana de la Cruz, and the farm manager.
After their arrest by security forces, under orders of Alfonso
Ortiz, the second in command of the National Police
Investigations, these persons were taken to the garages of the
National Police Investigations Division in area 6 of the city,
where they were tortured under the direction of the new Chief of
Investigations, Pedro Arredondo.
- In a note of December 8, 1980, the Commission furnished the
Government, as additional information, a more complete list received
from the claimants, with the names, professions or occupations, of
the persons abducted from the Emaús Medio Monte farm on
August 24, 1980, as follows:
|José Luis Pena
||(Manager of the Emaús farm )
|Gustavo Adolfo Bejarano
||(Worker in the Cidasa factory)
|Rafael Enrique Girón Mérida
|Jordan Gilberto Salazar Uriza
|Augusto Yach Ciriaco
|Gerónimo Alberto Moreno Palencia
|Alfonso Obdulio Molina Mérida
|Ilian de la Cruz
||(Union Orientation School of the University of San Carlos)
|Edgar de la Cruz
|Julio César Pérez Gálvez
|Nery Robledo Espinoza
||(Kern's Food Processing plant)
|Juan Guerra Castro
|Guillermo Turcio García
- In a note of April 20, 1981, the Commission again requested
information from the Guatemalan Government.
Article 39 of the Commission's Regulations provides as
- To date, the Guatemalan Government has not replies to the
Commission's requests for information.
- The facts reported in the petition whose pertinent parts have
been transmitted to the government of the state in reference
shall he 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 INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
- Based on Article 39 of its Regulations, to presume to he
true the events denounced in the communication of September 10,
1980, concerning the arbitrary arrest and later torture of a
group of union leaders, meeting in the "Emaús
Medio Monte" farm owned by the Diocese of Escuintla, on
August 24, 1980.
- To declare that the Government of Guatemala violated
Articles 5 (right to personal security), 7 (right to personal
liberty), 8 (right to a fair trial), 15 (right of assembly), and
25 (right to judicial protection) of the American Convention on
- To recommend that the Guatemalan Government investigate the
events denounced and, if appropriate, punish those responsible,
and to communicate its decision to the Commission within 60
- 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
[ Inter-American Human Rights