38.
The petitioners reported, and the State did not dispute the information, that at the time of
the facts of the case Mr. Gómez, 24 years of age, was serving as Secretary of Finance in the RCA Assembly
plant Workers Trade Union,4 which was a Korean cross-border assembly plant located in Zone 18 of
Guatemala City.5 Regarding Mr. Gómez's immediate family, his parents were Antonio Gómez Areano and
Paula Virula6.
39.
Regarding the alleged victim's trade union activity prior to his disappearance, the petitioners
described the following facts that, again, the State did not contest: i)In August 1994, the assembly plant had
had to shut down, leaving 70 people jobless; ii) in that circumstance, the Trade Union demanded that the
company pay the wages owed to workers, along with other fringe benefits and that demand led to a suit
before the Guatemala Labor Tribunal; iii) at the same time as it filed suit, the Trade Union began negotiations
with the company; Mr. Gómez played an active part in those meetings and was very much involved with the
case; v) on July 10, 1995, the Trade Union and the company reached an agreement under which the Trade
Union "found itself forced" to relinquish its demand for 600,000 quartiles for the former workers and receive
only 111,000 quetzals.
B.
Regarding the disappearance of Mr. Gómez on March 13, 1995.
40.
The information available about what happened on March 13, 1995 is based mainly on the
petitioners' account, which was not disputed by the State at any time during the proceedings before the
Commission. Nor do different hypotheses emerge regarding these facts in either the internal investigations or
proceedings to which the IACHR has had access. The Commission notes, also, that by their very nature light
can only be cast on deeds such as those alleged in the instance case by means of a criminal investigation. As
will be shown later, so far there is no official version of what happened.
41.
Thus, the IACHR understands that there is no dispute as to the following facts described by
the petitioners:
-
On the morning of March 13, 1995, Mr. Gómez took part in meetings at the Trade Union's office,
7the main subject of which was the conflicts between the RCA Assembly Plant and its former
workers.8
-
Mr. Gómez had in his possession a list of all the members of the Trade Union who were going to
take part in a demonstration to protest the situation they were faced with outside the Korean
embassy.9
-
In the afternoon, he went home and at about 5:00 p.m. told his mother that he had a meeting
with Sylvia Escobar, the Secretary General of the Trade Union. 10
-
Later on, he met with his friend Gustavo Cardona, whose was also a member of the Trade
Union.11
4
Petitioners’ communication of November 24, 2003.
5
Petitioners’ communication of November 24, 2003.
6
Original petition
7
Original petition
8
Original petition
9
Original petition
10
Original petition
11
Original petition
6