afraid that it was “an act of repression against the labor union bodies by government
authorities.”39 The Ombudsman asked the Director General of the National Police “to issue the
necessary orders to ensure the investigation of this incident.”40 That same night, Mr. Gómez
Areano reported the disappearance of his son to the Deputy Head of the Guatemalan Criminal
Investigations Department.41
32. On March 15, 1995, UNSITRAGUA published a communiqué entitled “Urgent Action:
Labor Unionist Missing,” reporting the disappearance of Mr. Gómez Virula and indicating that
this had occurred in the context of the RCA labor conflict. In the communiqué, it demanded
that the “President of the Republic, the Minister of the Interior, and other authorities, pay due
attention to this case in order to discover the whereabouts of Gómez Virula and prevent him
from becoming – in the worst case scenario – one more victim of the increasing wave of
violence in Guatemala.”42
33. On March 16, 1995, UNSITRAGUA sent an urgent telegram to the Ministry of the Interior
requesting an “urgent audience to address [the] disappearance [of the] labor unionist,
Alexander Yovany Gómez Virula.”43 On March 17, 1995, UNSITRAGUA sent another
communication to the Ministry of the Interior repeating the request made on March 16 by
telegram and indicating that “Gómez Virula’s family, UNSITRAGUA and the Labor Union
Movement are concerned by this violent act, but above all by the need to find [Alexander]
Yovany alive.”44
34. On March 16, 1995, the investigators went to RCA to establish whether the missing
person worked there, but were unable to obtain this information because the factory had
closed down.45 The same day, they went to the home of the person who had filed the report,
where they were received by his daughter-in-law who was unable to provide them with any
additional information to discover the whereabouts of Mr. Gómez Virula. They also went to the
men’s prisons in Zone 18 and to the judicial morgue. 46
35. The investigators indicated that, according to confidential information obtained, the
missing person was in a romantic relationship with someone called SRM, who supposedly was
the wife of an individual known as “El Pirata.”47 On March 17, 1995, the investigators went to
look for SRM at her home, without finding her, so they went to her place of work, where they
were told that SRM had not come to work and that they “were unaware of the reason.”48
C.
39
Discovery of Mr. Gómez Virula’s body and subsequent investigations
Cf. Report filed before the Ombudsman on March 14, 1995 (evidence file, folio 412).
Cf. Communication of the Deputy Head, Individual Rights Area, Ombudsman’s Office, of March 17, 1995
(evidence file, folio 413).
40
Cf. Communication of March 14, 1995, signed by the Deputy Head of the Guatemalan Criminal Investigations
Department addressed to the prosecutor of the Public Prosecution Service (evidence file, folio 464).
41
42
Cf. UNSITRAGUA communication of March 15, 1995 (evidence file, folio 416).
43
Cf. UNSITRAGUA telegram addressed to the Ministry of the Interior of March 16, 1995 (evidence file, folio 27).
Cf. UNSITRAGUA communication addressed to the Ministry of the Interior of March 17, 1995 (evidence file,
folios 28 and 48).
44
Cf. Report of the Missing Persons Investigation Section of the National Police of March 19, 1995 (evidence file,
folio 455).
45
Cf. Report of the Missing Persons Investigation Section of the National Police of March 19, 1995 (evidence file,
folio 455).
46
Cf. Report of the Missing Persons Investigation Section of the National Police of March 19, 1995 (evidence file
folio 455).
47
Cf. Report of the Missing Persons Investigation Section of the National Police of March 19, 1995 (evidence file,
folio 455).
48
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