On June 7th 2013 the Guatemalan Union, Indigenous and Peasant Movement –MSICG- presented a Complaint before the criminal courts against the Labor and Social Prevision Minister, CARLOS FRANCISCO CONTRERAS SOLÓRZANO for the Crimes of FINANCIAL VIOLENCE, DISCRIMINATION, MATERIAL FALSEHOOD, IDEOLOGICAL FASEHOOD, CONCUSION, COLUSSION, ABUSE OF AUTHORITY, CONSPIRACY, RESOLUTIONS THAT VIOLATE THE CONSTITUTION, OMISSION OF DENOUNCE AND ILLICIT ASSOCIATION, among others derived from the Process of Constitution of the Unions SIPROSAT and SITRAPVSAT, files in which the antiunion position of this official is manifested in all its extremes, as well as the existence of coordination levels among different actors to make access to union freedom impossible for workers, even to the point of incurring in criminal behavior.

Since the Minister of labor and social prevision enjoys the privilege of pre-trial as a an instance prior to facing criminal justice, which must be solved by the Congress of the Republic which must decide if its valid r not, on June 10th 2013 the Third Criminal Court of First Instance, Narcotics activity and crimes against the environment, within file 01081-2013-00291 in charge of Officer IV, decided to inhibit from knowing and sent the File to the Supreme Court of Justice to proceed according to law.
 
Article 16 of Decree 85-2002 of the Congress of the Republic, Pre-trial Law, states that the Supreme Court of Justice must, within three days after receiving the file, send it to the Congress of the Republic of Guatemala. Despite the specific dispositions of the law and the existence of a deadline, the Supreme Court of Justice has delayed for several weeks sending the file the Congress and each time the plaintiffs have shown to inquire on the state of the process we are told that it has not been sent to Congress because the Magistrates of the Supreme Court of Justice are still studying it, even when the faculties conferred to the Court in these cases are not of studying but just of sending the file to the organism that must know it, that is, the Congress of the Republic of Guatemala.

The delay in the sending of the file by the Supreme Court of Justice to the Congress of the Republic of Guatemala is nothing but another attempt of this organism to guarantee impunity to government officers, as was attempted before with the Minister of Education, and shows the grave lacks of the justice system that has so often been pointed out by the International Community and MSICG.

This being said, the Guatemalan Union, Indigenous and Peasant Movement –MSICG- demands of the Magistrates of the Supreme Court of Justice:  GABRIEL ANTONIO MEDRANO VALENZUELA, ERICK ALFONSO ÁLVAREZ MANCILLA, CÉSAR RICARDO CRISÓSTOMO BARRIENTOS PELLECER, HÉCTOR MANFREDO MALDONADO MÉNDEZ, GUSTAVO ADOLFO MENDIZABAL MAZARIEGOS, ROGELIO ZARCEÑO GAYTAN, THELMA ALDANA ESPERANZA HERNANDEZ, LUIS ALBERTO PINEDA ROCA, MYNOR CUSTODIO FRANCO FLORES, GUSTAVO BONILLA, ERVIN GABRIEL GÓMEZ MÉNDEZ, JOSÉ LUIS ARTURO SIERRA GONZÁLEZ, LUIS ARTURO ARCHILA,  stick their behavior to law and submit the file so that it can be known by the Congress of the Republic so the Pre-Trial of the Minister of Labor and Social Prevision continues its process as ordered by due process, and so the denial of justice ceases.

MSICG trusts that the motto of the current Supreme Court of Justice, shown in all its buildings saying: “CORRUPTION IS NOT TOLERATED HERE!” is not just dead letter just like union freedom has been reduced by the actions of the Minister of Labor and Social Prevision and of the Justice System itself

Guatemala, July 4th, 2013.

POLITICAL COUNCIL
GUATEMALAN UNION, INDIGENOUS AND PEASANT MOVEMENT
–MSICG-