For several years now, the companions of the  UNION OF WORKERS OF THE DIRECTION OF CRIMINAL INVESTIGATIONS OF THE PUBLIC PROSECUTIOR’S OFFICE  –SITRADICMP- have been subject to constant antiunion persecution by the Public Prosecutor’s Office, actions that meant the transfer of the members of the Union’s First Executive Committee with the ends of disarticulating it.

As a part of the legal actions for the defense of union freedom, in due time MSICG promoted a constitutional appeal action, obtaining a temporary appeal by means of which the transfer agreements were suspended, and apparently obeying them they were rendered without effect by Juan Luis Florido Solis, who was then the Public Prosecutor of the Nation.

Parallel to this, the Public Prosecutor’s Office started disciplinary processes, and then trials before the labor and social prevision tribunals with the aims to get authorization to cancel the labor contracts of the union leaders based on agreements that, as has been said before, had been suspended in their effects by constitutional justice and formally left without effect by the Public Prosecutor himself.

Despite the evidently illegal actions, the Public Prosecutor’s Office managed to have the labor courts that knew the case in first and second instances to unlawfully authorize the cancelling of the labor contracts of companions JAVIER ADOLFO DE LEÓN SALAZAR, GERSON ARIEL RECINOS GIRÓN and JOSÉ ALEJANDRO REYES CANALES, main leaders of the union.

In the face of this, MSICG promoted the due appeal actions, once more obtaining temporary appeals, however, the CURRENT Public Prosecutor CLAUDIA PAZ Y PAZ BAILEY, unheeding of the constitutional protection granted temporarily to JAVIER ADOLFO DE LEÓN SALAZAR (by the Supreme Court of Justice) and to JOSE ALEJANDRO REYES CANALES (by the Court of Constitutionality itself), proceeded to execute the dismissals, disobeying the orders of constitutional justice and even attempting to prevent any action from the union leaders to demand compliance with the law for the Public Prosecutor’s Office workers and the population in general.
 
As an example of this, we need only to quote the opposition of the Public Prosecutor to allow JAVIER DE LEÓN, Secretary General of SITRADICMP to act in the Total General Unconstitutionality case promoted by MSICG and Congressmen of the Republic against the law that once more imposes the feared “Judiciary Police,” now called DIGICRI, which was rejected by the Court of Constitutionality.

Despite the impunity that the Ministry got for itself, a few days ago we were notified of the sentences issued by the Court of Constitutionality as a part of Files 1599-2012 and 3953-2012, through which the highest constitutional court grants definitive protection by appeal to the companions, members of the SITRADICMP Executive Committee,  JAVIER ADOLFO DE LEÓN SALAZAR and GERSON ARIEL RECINOS GIRÓN, however, this has only happened after an arduous and hard road, that could have been prevented through the respect of union freedom and of the laws that defend it on behalf of the Public Prosecutor’s office, and by the due application of it by the labor and social prevision tribunals.


Even though it’s true that the appeal of Companion JOSE ALEJANDRO REYES CANALES is still to be resolved, we expect this to happen in the same way than the one of his companions  JAVIER ADOLFO DE LEÓN SALAZAR and GERSON ARIEL RECINOS GIRÓN since it’s the same case and conditions, adding to it that in the case of companion JOSÉ ALEJANDRO REYES CANALES, in the first instance resolution of appeal is stated the brave reasoned vote against the rest of the Appeal and Pre-Trial Chamber made by Magistrate LUIS ALBERTO PINEDA ROCA who, when voting reasoned warning about the violation to constitutional guarantees denounced in the appeal, and because of this we expect that the Court of Constitutionality resolves in the same sense as in the two cases in which it granted the appeal in favor of the union leaders, in a relatively short time.

This is show MSICG once more states what it publicly denounced once about the antiunion persecution suffered by its leaders, with the intention of silencing the just demands of workers, and it reminds that within this constant stigmatizing process, it denounced in due time the acts of Mister JAVIER MONTERROSO, who during an event with peasant movement organizations in the country, publicly and openly made stigmatizing comments against union freedom exercising by SITRADICMP, trying thus to justify, as other high officials of the Public Prosecutor’s office have attempted, the institution’s antiunion policy.
 
This is show MSICG ratifies its commitment with the Guatemalan working class and autonomous unionism struggles for a country with social justice.


Guatemala, July 31st 2013.

POLITICAL COUNCIL
GUATEMALAN UNION, INIGENOUS AND PEASANT MOVEMENT
MSICG