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Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 407, Junio 2024

Caso núm. 2540 (Guatemala) - Fecha de presentación de la queja:: 16-ENE-07 - Cerrado

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Effect given to the recommendations of the committee and the Governing Body

Effect given to the recommendations of the committee and the Governing Body
  1. 19. The Committee last examined this case, which concerns allegations of serious acts of anti-union violence against leaders of the Union of Workers of the Port Enterprise Quetzal (STEPQ) at its March 2011 meeting (see 359th Report of the Committee, paras 59–62). On that occasion, the Committee requested the Government to: (i) keep it informed of the outcome of the special appeal against the acquittal of a possible suspect for the murder of the trade union official Mr Pedro Zamora; (ii) ensure that all necessary measures were taken to identify and impose severe punishments on those responsible for the referred murder; and (iii) provide information on the steps taken to protect the members of the STEPQ’s executive committee.
  2. 20. The Committee notes that the Government has since provided, both in the context of the present case and in the context of Case No. 2609, which covers the examination of numerous homicides of members of the trade union movement and other acts of anti-union violence in Guatemala, information on the penal procedures concerning the 2007 murder of Pedro Zamora, Secretary of the Executive Committee of STEPQ, indicating in particular that the cassation and amparo appeals filed against the above-mentioned acquittal had been denied [See Case No. 2609, 368 report, June 2013, para. 443],
  3. 21. The Committee notes that the Government, in communications dated 21 April 2023 and 26 April 2024, provides updated information on the progress of the investigations and criminal proceedings relating to the above-mentioned murder. The Government states in particular that: (i) after the mentioned confirmation of the acquittal, the case was referred to the Special Cases Prosecutor’s Office for further investigations; (ii) as a result of these investigations, a new arrest warrant was issued against another person; (iii) the case is being prosecuted in the First Criminal Court of First Instance, High Risk Proceedings Group A of the department of Guatemala; and (iv) a series of actions are being taken to capture the alleged murderer of Mr Zamora, and the INTERPOL Red Notice is active for his apprehension at the international level. The Committee also notes the Government’s request that the examination of this case be continued in the context of case No. 2609.
  4. 22. The Committee takes note of the information provided by the Government. Recalling that it is important that investigations into the murders of trade unionists should yield concrete results in order to determine reliably the facts, the motives and the persons responsible, in order to apply the appropriate punishments and to prevent such incidents recurring in the future. [Compilation of decisions of the Committee on Freedom of Association, Sixth Edition, 2018, para. 96], the Committee expresses the firm hope that the arrest warrant against the alleged perpetrator of the murder of Pedro Zamora will be executed as soon as possible and urges the Government to take all the necessary measures in this regard. Observing with deep concern that, in the context of Case No. 2609, the murder in 2020 of another leader from the same organization has been reported (see Case No. 2609, 396th Report, paragraph 312), the Committee also reiterates the importance of ensuring that all trade union leaders and members at risk receive effective protection by the competent institutions without delay. Insofar as the murder of Mr Zamora is also being examined under Case No. 2609, the Committee requests the Government to keep it informed of the progress made in the capture and prosecution of the perpetrator of this crime as well as of measures taken to ensure the security of members of the port sector trade union movement under Case No. 2609 and considers this case closed.
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