body, the State could be expected to have adopted immediate and diligent search measures to find and
protect the victim, which, as we have just concluded, did not happen in the instant case.
90.
Based on the foregoing, the Commission concludes that the State of Guatemala violated the
rights to life, humane treatment (personal integrity), and personal liberty recognized at Articles 4.1, 5.1, and
7.1 of the American Convention, in connection with the obligation to prevent as a component of the duty to
ensure rights established in Article 1(1) of that instrument, to the detriment of Alejandro Yovany Gómez.
91.
At the same time, as regards the right to freedom of association, according to the
jurisprudence of the Inter-American Court, this right has two dimensions: an individual dimension and a
social dimension. With respect to the individual dimension, the Inter-American Court has established that
"those who are protected by the Convention [...] have the right and freedom to associate freely with other
persons, without the interference of the public authorities limiting or obstructing the exercise of the
respective right."96 As for the right's collective dimension, the Court has maintained that in exercising the
right upheld in Article 16, persons "enjoy the right and freedom to seek the common achievement of a licit
goal, without pressure or interference that could alter or change their purpose."97 At the same time, the InterAmerican Court has established that the positive obligations to prevent and investigate violations of this right
must be taken on "even in relations between private persons, if the case so warrants."98
92.
In the instant case, the Commission already concluded that the State failed to comply with its
duty to guarantee the rights to life, humane treatment (personal integrity), and personal liberty of Alejandro
Gómez Virula, in both their prevention and protection dimensions. Under proven facts, the Commission
determined that Mr. Gómez Virula was a trade union activities, particularly in his capacity as Secretary of
Finance of the RCA Maquila Workers' Union and, inter alia, in connection with a labor suit against the
assembly plant he was connected with. Thus, the disappearance and murder of Mr. Gómez Virula in
connection with his trade union activities, as well as the broader context already described in this report of
various kinds of retaliation against trade union activists in Guatemala, lead one to consider that there was
significant circumstantial evidence that Mr. Gómez Virula's disappearance and murder may have been related
to his activities.
93.
Despite that circumstantial evidence, and as the analysis in later parts of this report shows,
such circumstantial evidence was not exhaustively investigated with the due diligence needed to comply with
the State's truth and justice obligations in respect of human rights violations, even if those violations are
committed by private individuals. In light of the above, and given the lack of any other hypothesis regarding
what happened to the victim in the framework of an investigation in keeping with the State's international
obligations, the Commission considers it reasonable to infer that the disappearance and death of Alexander
Gómez Virula were related to his trade union activities and that there was therefore a failure to comply with
the duty to prevent [violations] in respect of his rights to life, human treatment (personal integrity), and
personal liberty. That implies, in addition. failure to comply with that duty in respect of his right of freedom of
association, in that there are aspects not duly investigated by the State that allow one to conclude that his role
as a trade unionist was the motive for what happened.
94.
Consequently, the Commission concludes that the State is responsible for violation of the
right of association established under Article 16.1 of the American Convention, to the detriment of Alexander
Gómez Virula.
96
I/A Court HR. Case of Huilca Tecse v. Peru. Merits, Reparations, and Costs. Judgment of March 3, 2005, Series C No. 121, par.
97
I/A Court HR. Case of Huilca Tecse v. Peru. Merits, Reparations, and Costs. Judgment of March 3, 2005, Series C No. 121, par.
69.
69.
98 I/A Court HR. Case of Kawas-Fernández v. Honduras. Merits, Reparations, and Costs. Judgment of April 3, 2009, Series C No.
196, par. 144. Cf. I/A Court H.R., Case of Huilca Tecse v. Peru. Merits, Reparations, and Costs. Judgment of March 3, 2005, Series C No. 121,
par. 76; and I/A Court H.R., Case of Cantoral-Huamaní and García-Santa Cruz v. Peru. Preliminary Objection, Merits, Reparations and
Costs. Judgment of July 10, 2007, Series C No. 167, par. 141.
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