Interim Report - Report No 114, 1970

Case No 574 (Argentina) - Complaint date: 23-JAN-69 - Closed

163. The original complaints and the additional information supplied in these three cases, which are dealt with together because they involve the same type of allegations, were contained in seven communications from the World Confederation of Labour (WCL) (dated 23 January, 5 May, 9 April, 27 May, 7 July, 15 July and 4 August 1969), two communications from the International Metalworkers' Federation (IMF) (dated 5 June and 18 July 1969), one communication from the Latin American Confederation of Christian Trade Unions (CLASC) (dated 14 July 1969), one communication from Argentine Trade Union Action (ASA) (dated 18 July 1969), two communications from the Trade Unions International of Chemical, Oil and Allied Workers (dated 5 and 22 August 1969) and one communication from the World Federation of Trade Unions (WFTU) (dated 18 August 1969).

1. 163. The original complaints and the additional information supplied in these three cases, which are dealt with together because they involve the same type of allegations, were contained in seven communications from the World Confederation of Labour (WCL) (dated 23 January, 5 May, 9 April, 27 May, 7 July, 15 July and 4 August 1969), two communications from the International Metalworkers' Federation (IMF) (dated 5 June and 18 July 1969), one communication from the Latin American Confederation of Christian Trade Unions (CLASC) (dated 14 July 1969), one communication from Argentine Trade Union Action (ASA) (dated 18 July 1969), two communications from the Trade Unions International of Chemical, Oil and Allied Workers (dated 5 and 22 August 1969) and one communication from the World Federation of Trade Unions (WFTU) (dated 18 August 1969).
2. 164. As these communications were received, they were forwarded to the Government for its observations. These were received in four letters dated 29 May and 16, 22 and 29 September 1969 from the Permanent Mission of the Argentine Republic to the International Organisations in Geneva.
3. 165. Argentina has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

• Allegations relating to the Arrest of the General Secretary of the Federation of Mining and Cement Workers
  166. 166 In a letter dated 5 August 1969, the Trade Unions International of Chemical, Oil and Allied Workers alleged that Mr. Carlos Raúl Cabrera, General Secretary of the Argentine Federation of Mining and Cement Workers, had been imprisoned without trial or just cause.
  167. 167 In another letter dated 22 August 1969, the complaining organisation forwarded a copy of a communication it had received from the Argentine Ministry of the Interior stating that after careful examination of Mr. Cabrera's case, the Government had decided to issue a decree releasing him immediately. The complaining organisation accordingly expressed the wish to withdraw its complaint.
  168. 168 In similar circumstances, the Committee has always considered that withdrawal of a complaint created a situation whose scope ought to be fully investigated, It has expressed the view that the desire shown by a complaining organisation to withdraw its complaint, while constituting a factor to which the greatest attention should be paid, was not in itself sufficient reason for the Committee to cease automatically to proceed with the examination of the complaint. Basing itself on a principle established by the Governing Body as long ago as 1937, the Committee has always considered that it was free to evaluate the reasons given to explain the withdrawal of a complaint and to investigate whether they appeared sufficiently plausible to warrant the belief that the withdrawal was made in complete independence.
  169. 169 In the present case, the Committee considers that the reason advanced by the complaining organisation, namely the release of the arrested man, is sufficient to justify withdrawal. Furthermore, the request comes from an international trade union organisation, which gives every reason to assume that its decision was taken in complete independence.
  170. 170 In the circumstances, the Committee recommends the Governing Body to decide that this aspect of the case does not call for further examination.
• Allegations relating to the Arrest of Three Trade Unionists, Mr. Oberlin, Mr. Calipo and Mr. Cosimi
  171. 171 In its communication dated 9 April 1969, the WCL stated that it had been informed about the arrest and the probable unjust conviction of three trade unionists, Mr. Oberlin, Mr. Calipo and Mr. Cosimi, who according to the complaint " had done no more than discharge their trade union functions ".
  172. 172 In another communication dated 27 May 1969, the WCL supplied some additional information provided by Argentine Trade Union Action (ASA) to the effect that Mr. Oberlin, General Secretary of the ASA and a leader of the Buenos Aires Printing Workers' Federation, Mr. Calipo, Secretary of the Federation, and Mr. Cosimi, an active trade unionist in the same industry, had been arrested at Avellaneda in Buenos Aires province on 24 March 1969 as they were trying to persuade a number of workers not to sign on in a firm where a strike had been called; their aim was to ensure that the strikers should get their jobs back. The three union leaders tried to find out whether there were any printing workers among the job applicants, since the firm in question employed no other. In the queue of about 500 people, they found only three printing workers, to whom they explained the nature of the dispute and the " employer's trick ". After five minutes' conversation, two uniformed policemen came out of the employer's office " to maintain order ", which had at no time been disturbed. They were followed by a plain-clothes policeman, who asked the trade unionists to leave immediately. Their explanations about the nature of the trade union duties they were performing were ignored and they were finally arrested and not released until 8 April.
  173. 173 The Government forwarded its observations on these allegations in a communication dated 22 September 1969. It stated that the men concerned had been arrested by the police as they were causing a " disturbance " inside the firm of Fabril Financiera in Avellaneda, which was taking on new office staff and manual workers. The arrests had been carried out for breach of section 39 (b) of Decree No. 24333/59. The arrested men had come before the examining magistrate in accordance with the usual procedure in such cases. The Government pointed out that they had not served the thirty days' imprisonment (without option of a fine) by which this offence is punishable. Finally, the Government emphasised that the action taken had at no time involved any infringement of freedom of association, since it was concerned with the enforcement of a legal provision dealing with a minor breach of the law.
  174. 174 In these circumstances and in view of the fact that the arrested men were duly brought before a judge and then released, the Committee recommends the Governing Body to decide that no useful purpose would be served by continuing its examination of this aspect of the case.
• Allegations relating to the Conviction of Mr. Elpidio Torres and Other Trade Unionists by Military Courts
  175. 175 In a telegram dated 5 June 1969, the International Metalworkers' Federation (IMF) expressed its deep concern over the arrest and immediate sentencing by a special military court to four years and two months' imprisonment in a military establishment, of Mr. Elpidio Torres, Secretary of the Cordoba Section of the Motor Mechanics and Allied Workers' Union. In this communication, the complaining organisation also referred, without giving any further details, to the arrest of the following leaders of the same union: Mr. González, Mr. Méndez, Mr. Rosales and Mr. Juárez. According to the complainants, a demonstration by strikers calling for better wages and conditions was broken up and a number of demonstrators were injured-two of them fatally. This led to some violent incidents in which trade unionists did not take a leading part. The IMF asked the ILO to call on the Government to release the trade unionists who had been arrested and to give an undertaking that trials would be held before the ordinary courts of law.
  176. 176 In a communication dated 8 July 1969, the IMF forwarded additional information supplied by the Motor Mechanics and Allied Workers' Union. According to this information, all the workers in the city of Córdoba had come out on strike on 29 and 30 May 1969 in response to a call by the General Confederation of Labour (Córdoba Region). The workers in the union concerned (Córdoba Section) took an active part in the strike, which was suppressed by the police who " killed or wounded a number of workers, many of them in the motor-car industry ". Following this, numbers of trade unionists, activists and shop stewards were arrested. On 30 May soldiers burst into the union's headquarters " forcing open the door and occupying the premises ". They immediately arrested all the members of the union's executive committee who happened to be present, including the General Secretary, Mr. Elpidio Torres. All this was done without any court order. On the same day, Mr. Torres was brought before a military court and after a very summary hearing was convicted of sedition and public incitement to sedition without any of the safeguards of due process of law.
  177. 177 The Motor Mechanics and Allied Workers' Union made a number of other points to the effect that the Act empowering military courts to deal with offences covered by the Criminal Code was not Constitutional, since the offences with which Mr. Torres was charged were (under Act No. 48) within the competence of the ordinary courts; that these military courts did not form part of the judiciary within the meaning of article 94 of the Constitution; that the military courts were only entitled to inflict punishment for the maintenance of discipline within the armed forces, etc. The " ex post facto " appointment of these special courts and the " summary and irregular procedure " followed in the case of Mr. Torres are stated to constitute a breach of the rights of the accused " since he was not given the opportunity even to choose his own defence counsel ". After being imprisoned and " subjected to mental and physical torture ", he is alleged to have been sentenced after only a few hours, without being allowed to put forward his own defence or to produce evidence in his own support.
  178. 178 After the sentence, Mr. Torres is stated to have been transferred immediately to a prison in another province over 1,000 kilometres away. Subsequently, he is reported to have been transferred to an even more remote prison subject to a stricter disciplinary régime.
  179. 179 The WCL and WFTU, in their communications dated 4 and 18 August 1969, stated that military courts had also tried and sentenced Mr. Agustin Tosco, General Secretary of the Córdoba Power and Light Trade Union (sentenced to eight years and three months), Mr. Jorge Alberto Canelles, a leader of the building workers' trade union (ten years' imprisonment), Mr. Felipe Alberti and Mr. Mario Sorezi, both of them union officials.
  180. 180 The Government, in its letter dated 29 September 1969, stated that Mr. Torres had been sentenced to four years and eight months' imprisonment on 31 May 1969 after being tried by special military court No. 4 set up in Córdoba by virtue of Act No. 18232 and Decrees Nos. 2736/69 and 2851/69. The sentence was confirmed by the military authorities on 2 June. The letter stated that Mr. Torres was serving his sentence in the Southern Regional Prison at Neuquén, which was administered by the Federal Penitentiary Service.
  181. 181 The Government added that he was sentenced for the offences specified in sections 209 and 226 of the Criminal Code, having regard also to section 54 of the same Code. Under section 209, any person who publicly incites others to commit an offence or to engage in collective violence against particular groups of persons or institutions is punishable, in respect of the incitement alone, to a term of imprisonment ranging from six months to four years. Under section 226, persons who attempt by armed force to change the Constitution, overthrow any of the public branches of the national Government, extort any measure or concession from it or obstruct (even if only temporarily) the free exercise of its Constitutional powers or its formation or renewal in accordance with the law, is liable to a term of imprisonment of from two to ten years. Section 54 states that if an individual is liable to more than one penalty, only the heavier shall be imposed.
  182. 182 In its communication dated 14 September 1969, the Government stated that Mr. Jorge A. Canelles had been sentenced by a military court to ten years' imprisonment for the offences of incitement to sedition, sedition, public intimidation and advocacy thereof during the events which took place in Córdoba on 29 and 30 May 1969. Mr. Agustin Tosco had been sentenced to eight years and three months' imprisonment by the special military court for the same offences. The Government did not refer in its letters to Mr. Felipe Alberti and Mr. Mario Sorezi mentioned in the complaint submitted by the WCL.
  183. 183 The Committee observes that the union leaders referred to by the complainants and the Government were sentenced by military courts for actions committed during the serious disturbances that occurred in Córdoba at the end of May 1969. In the specific case of Mr. Torres, to which the complainants refer in some detail, the trial took place on the same day as his arrest. In all these cases, it would appear that the procedure was extremely summary and that the verdicts were given within a few hours. According to the complainant, due process of law was not observed either as regards the right of the accused to choose his defender or as regards his right to produce evidence in his support.
  184. 184 In previous cases in which the Committee has had to examine allegations concerning the arrest of trade union officers or members, it has considered that the only question arising was the real ground for the arrest. Only if this were ordered because of trade union affiliation or activity properly so called, could an infringement of freedom of association be held to have occurred. In a number of cases, the Committee has considered that it should examine the allegations in view of the exceptional circumstances that might result from a state of internal emergency or hostilities.
  185. 185 In the present case, the Government states that the trade unionists in question were sentenced for common law crimes covered by the Criminal Code. The Committee notes, however, that the verdicts were imposed by military courts after a summary trial and in exceptional circumstances. In this connection, the Committee feels bound to recall that in all cases in which it has been alleged that trade unionists have been subjected to measures or decisions by bodies of an emergency character, it has always emphasised the importance it attaches to the principle that trade unionists, like all other persons, are entitled to the safeguards of a regular judicial procedure. In order to ensure that these safeguards are provided, the Committee has specifically referred on a number of occasions to the need for trial by an impartial and independent judicial authority.
  186. 186 The Committee considers that in the present case, the trade unionists having been sentenced under summary procedures did not benefit by all the safeguards of a normal trial. Accordingly, the Committee recommends the Governing Body to suggest to the Argentine Government that it might review the cases of the sentenced union leaders with a view to ensuring that nobody has been deprived of his liberty without benefiting by due process of law before an impartial and independent judicial authority.
• Allegations relating to the Kidnapping of Mr. Raimundo Ongaro
  187. 187 In a communication dated 23 January 1969, the WCL alleged that on 5 January when Mr. Raimundo Ongaro, General Secretary of the General Confederation of Labour, was travelling to a public meeting due to be held in Bella Vista in Tucumán province, " he was kidnapped by naval personnel acting with the complicity of the police " and taken to a naval base near the town of Bahia Blanca, some 1,500 kilometres away from the place where he was taken into custody. It is alleged that he was finally turned loose on a highway. The complaining organisation added that Mr. Ongaro was kidnapped 50 kilometres from Tucumán while on his way there in a bus. Over a hundred policemen armed with rifles and sub-machine guns were alleged to have taken part in the operation.
  188. 188 The Government forwarded its observations in a letter dated 29 May 1969. It flatly denied the allegations and stated that " according to reports from the police authorities, Ongaro was asked not to continue his journey to Tucumán because the police authorities feared that extremist elements would make use of his presence to cause disturbances "; that Mr. Ongaro himself asked to be taken back, which was done in a plane belonging to the Civil Aviation Directorate; and that the alleged kidnapping did not take place at all, as was confirmed by the non-suit ordered by a judge on 2 April 1969. Lastly, the Government stated that if the allegations had been true and if the armed police operation referred to in the complaint had taken place, the other passengers in the bus would have been able to testify that the kidnapping had actually occurred.
  189. 189 The Committee observes that while there are contradictions between the statements of the complainants and the Government concerning certain key features of the case, there are none over the fact that Mr. Ongaro was prevented from continuing his journey to attend a public meeting.
  190. 190 In previous cases in which it had had to examine restrictions on the right of union leaders to enter areas in which their unions operate, the Committee has considered that such measures were not consistent with the exercise of the right to carry on trade union activities. These cases, however, refer to more general and permanent measures than those affecting Mr. Ongaro.
  191. 191 The Committee has also taken the view that it rests with the Government, which is responsible for the maintenance of public order, to decide in the exercise of its corresponding powers whether meetings, including trade union meetings, may in certain circumstances endanger public order and security and to take adequate preventive measures.
  192. 192 In the present case, the Government states that, because of the fears of the police authorities that Mr. Ongaro's presence would lead to disturbances, they took action to prevent his visit. However, it is stated that this action consisted in a request and that Mr. Ongaro was taken back by plane with his consent.
  193. 193 On this point, the Committee observes that there is a complete contradiction between the complaint and the Government's statement. In order to come to a conclusion on the substance of the case in full possession of the facts, the Committee considers that it would be helpful to have more details concerning the judicial proceedings that took place.
  194. 194 In these circumstances, the Committee recommends the Governing Body to request the Government to be good enough to forward a copy of the court decision handed down in the case of the alleged kidnapping of Mr. Ongaro, together with the reasons therefor.
• Allegations relating to the Arrests of Mr. Raimundo Ongaro
  195. 195 In a cable dated 5 May 1969, the WCL stated that Mr. Raimundo Ongaro had been arrested. This message was forwarded to the Government, which has not yet supplied its observations on the case.
  196. 196 On 7 July 1969, the WCL forwarded additional information regarding the arrest of a large number of trade unionists and union leaders, among whom Mr. Ongaro was mentioned by name as having been re-arrested. The complaining organisation stated that Mr. Ongaro was the General Secretary of the General Confederation of Labour, General Secretary of the Printing Workers' Federation and a substitute member of the Governing Body of the ILO. Similarly, Argentine Trade Union Action (ASA) stated in a communication dated 18 July 1969 that Mr. Ongaro had been arrested on 30 June 1969 in the province of Córdoba by members of the federal police. He had been taken to Buenos Aires and kept incommunicado at the disposal of the Government.
  197. 197 In two subsequent communications dated 15 July and 4 August 1969, the WCL again referred to the arrest of Mr. Ongaro, who was stated to be in poor health and receiving inadequate medical attention. It was alleged that no specific charge had been brought against him and that his arrest had been ordered by the Government using its special powers during the state of emergency. The WCL together with the CLASC, in a communication dated 14 July 1969, requested the Director-General of the ILO to appeal to the Argentine Government to release Mr. Ongaro in view of the fact that he was a substitute member of the Governing Body.
  198. 198 The Government's observations on Mr. Ongaro's arrest were forwarded in a letter dated 16 September 1969. The Government declared that Mr. Ongaro was arrested in his capacity as a citizen and not a trade unionist on a charge of disturbing public order and safety. The Government added that he had not been elected a substitute member of the Governing Body of the ILO.
  199. 199 First and foremost, the Committee wishes to clarify the position of Mr. Ongaro with respect to the Governing Body of the ILO. It notes that following the elections to the Governing Body held on 12 June 1969, Mr. Ongaro was in fact elected a substitute deputy Workers' member.
  200. 200 As regards the legal position of Mr. Ongaro in Argentina with respect to his arrests, the Committee observes that firstly, the Government has not supplied its comments on the first arrest and that secondly, there appear to be discrepancies between the complainants' allegations and the Government's comments on the second arrest. Whereas the complainants claim that no specific charge has been made against Mr. Ongaro and that he is being kept at the Government's disposal by virtue of powers vested in it during the state of emergency, the Government states that, he is charged with the offence of disturbing order and safety.
  201. 201 The Committee has always refrained from expressing an opinion on the political aspect of a state of emergency, but since its earliest cases it has also maintained that in such circumstances, measures of detention, which may involve a serious interference with the exercise of trade union rights, must be justified by the existence of a serious emergency and would be open to criticism unless accompanied by adequate judicial safeguards applied within a reasonable period. The Committee has always emphasised the importance of due process of law in cases in which trade unionists are charged with offences of a political character or with offences under the ordinary law and has taken the view, for example, that the requirement of due process would not appear to be fulfilled if under the national law the effect of a state of siege is that a court to which application is made for habeas corpus cannot make and does not make an examination of the merits of the case. As stated earlier in paragraph 185, the Committee considers that this safeguard would be assured if an arrested person were brought before an impartial and independent judicial authority. The Committee considers that this principle is particularly important when the person concerned is a member, deputy or substitute deputy member of the Governing Body of the ILO.
  202. 202 In these circumstances the Committee recommends the Governing Body to draw the attention of the Government to the importance it has always attached to the right of all arrested persons to be brought rapidly to a fair trial before impartial and independent judicial authorities. It also recommends the Governing Body to request the Government urgently to supply information concerning the legal proceedings instituted in the case of Mr. Ongaro or, if no such proceedings have been instituted, information concerning his present situation.
• Various Allegations Connected with the Trade Union Situation in General
  203. 203 In their various complaints the WCL and WFTU express general views on the institutions and on the trade union situation in Argentina and also submit more specific allegations concerning various measures said to have been taken against trade union organisations and particular individuals.
  204. 204 According to the WCL, these measures include the taking over of the Argentine CGT and of the trade unions of the printing and allied workers, shipyard workers and the pharmaceutical employees (communication from the WCL dated 7 July 1969); the " military occupation " of the Railway Workers' Union, the Dockworkers' Union, the Sugar Federation, the Union of Civil Service Personnel, the Federation of Printing and Allied Workers, the Shipyard Workers' Union, the Association of Pharmaceutical Employees, the Chemical Workers' Federation and the Newspaper Sellers' Union (communication from the WCL dated 4 August).
  205. 205 In its communication of 4 August, the WCL refers to press reports according to which the police and officials of the Ministry of Labour had forcibly occupied the CGT headquarters, where a co-ordinating committee of the most representative trade unions was sitting for the purpose of bringing about the unity of all Argentine workers.
  206. 206 In its communication of 7 July 1969, the WCL states that hundreds of trade unionists have been imprisoned and two assassinated, one of them, Mr. Emilio Jáuregui, having been murdered in the street on 26 June by the Argentine police. A large number of those under arrest are in the printing and allied trades. In its communication of 15 July 1969, the WCL reports the arrest of trade union leaders Alicia Fondecilla, Josh R. Villaflor, Francisco Calipo, Federico Correa and Hugo Russo, " all officers of the Buenos Aires Printing Workers' Federation, who are imprisoned at Córdoba and Buenos Aires, in solitary confinement, subject to trial and awaiting sentence ". The WCL adds that the following CGT leaders are also being held " at the pleasure of the Executive ": Hugo Ferraro, Enrique Coronel, Alfredo Forraresa, Jorge Di Pasquale, José Pedraza, José Curiel, Carlos Cabrera, Pablo Gutman, Luis Miletto, Boris Groman, Luis Trenti, Julián Montoya, Juan Carlos Lorenzo, Hugos Fornies, Francisco Gentile, Alfredo Carbolleda, Ricardo Cano.
  207. 207 The WCL also refers to an official communiqué according to which 204 persons are in prison, most of whom are trade union leaders and active members. The WCL believes, however, that the actual number is higher and, according to other sources of information, exceeds 600. The prisoners are also said to include thirteen lawyers, legal advisers of the unions, " who were imprisoned simply for having presented themselves at the police stations to inquire about the condition of the prisoners and the grounds for their arrest, in order to undertake their defence ".
  208. 208 The WFTU, in its complaint of 18 August 1969, draws attention to the role of military institutions in the field of trade unionism, adding that " this relates not only to interference in the internal affairs of the trade unions, the cancellation by the administration of the legal personality of the trade union, and the freezing of trade union funds ". The WFTU refers to the " increased repression against workers and their unions " and states that in exercising an essential right (the right to strike) the workers have always come up against the police and the army. This is said to have been particularly true of the general strike of 30 May " in which some 5 million workers took part ".
  209. 209 According to the WFTU, the fact that the Government resorted to violence against the workers, and that the workers have been deprived of the guarantee of their rights, has created a situation of permanent instability in which the trade unions are threatened. It is against this background that confirmation is said to have been obtained of the murder of Mr. Augusto Vandor, General Secretary of the Metal Workers' Union, who was killed on 30 June-that is to say on the eve of the further general strike of 1 July.
  210. 210 The WFTU also alleges that this situation has been further aggravated by the state of emergency declared in the country with effect from 30 June, the occupation of trade union headquarters and the taking over of several trade unions, including the Printing Workers' Federation. On 15 July, a " government representative " was appointed to the General Confederation of Labour (CGT) in order to " reorganise the Workers' Federation ". The trade union movement responded to this violation of trade union rights by organising a " national day of protest " in order to claim independent trade unionism and the right to elect all trade union officers. The reaction to this is said to have been official occupation of the CGT, whose premises and property came under government control. According to the complainants this implies the legal dissolution of the CGT, since the workers cannot form any other trade union organisation without falling foul of the laws in force against subversion.
  211. 211 The Government has replied to these complaints by two communications, the first dated 16 September 1969 in respect of the WCL complaint of 7 July 1969, the second dated 14 October 1969 in respect of the WFTU complaint of 18 August 1969.
  212. 212 In its communication of 16 September, the Government states that on previous occasions it has already pointed out that it will not countenance unjustified insults, or reply to accusations that do not respect the decorum and courtesy normal in international relations. The Government also considers that the ILO should not pass on hypothetical accusations which fail to comply with even the minimum requirements of credibility and respect, as in this case, which is said to involve " heedless libels which are self-contradictory and devoid of truth ".
  213. 213 The Government goes on to say that the events which have occurred in the country, with the direct and active participation of a number of trade union leaders, come under the heading of ordinary offences. Consequently, the Government states that it has been obliged to treat those responsible as the law demanded, since the fact of being trade union leaders can hardly confer immunity on citizens; this would be tantamount to proclaiming the existence of class privileges or special exemptions for which the National Constitution makes no provision. An absurd situation would be reached in which persons guilty of murder like those mentioned in the complaint-could not be tried or sentenced if they were citizens involved in trade union activities.
  214. 214 As regards the taking over of trade unions, the Government states that this situation will cease shortly through the appropriate electoral procedure. It adds, nevertheless, that the take-over measures were dictated by the fact that the leaders had deviated from specifically trade union activities and were taking part in the disruptive activities which were plaguing the country. With regard to the CGT, the Government denies that it has been taken over, pointing out that a delegate has been appointed whose task, in direct consultation with the trade union leaders, is to form a vigorous and stable workers' Confederation as speedily as possible.
  215. 215 Finally, the Government refers to the accusation that 600 trade unionists are under arrest and points out that the complainants confine themselves to naming only one leader, who was arrested for undermining public order and safety (see the allegations previously examined with regard to Mr. Ongaro).
  216. 216 In its communication of 14 October 1969, the Government states that the WFTU complaint completely falsifies the facts and does not comply with the style or form of an accusation of infringement of freedom of association. With specific reference to the allegation concerning the taking over of the Printing Workers' Federation, the Government states that this measure was taken because this trade union organisation was mainly engaged in activities of a political nature and encouraged the use of methods unacceptable in any civilised society. Its activities were far removed from the fulfilment of the true objectives of a trade union, and so infringed the provisions of the Argentinian Revolution Act and of Act No. 14455 in respect of such associations. The premises of the Buenos Aires Printing Workers' Federation were the meeting place of committees deeply involved in political activities which increasingly crossed the borderline of subversion, the committees being made up of dismissed trade union leaders and politicians belonging to dissolved parties. The purpose of the Government's action was to restore this occupational association to normality as quickly as possible.
  217. 217 With regard to the appointment of the Government delegate to the CGT, the communication points out that this is a question of national law and cannot therefore be the subject of a complaint to an international body. The Government denies that the CGT has been occupied. Act No. 18281, under which the delegate was appointed, stipulates that his duties consist in restoring the CGT to normality as an institution. The Government further points out that the trade unions operate without interference from the authorities so long as they fulfil the specific functions for which they have been organised. Nevertheless, when trade union activities endanger national security, the Government cannot hesitate in safeguarding the interests of all Argentinians.
  218. 218 In the first place, the Committee considers it necessary to express its views on the preliminary observations made by the Government with regard to the complaints submitted. In this respect the Committee has already stated in other cases that it cannot assume responsibility for the terms in which complaints are submitted, but considers that respect for itself and for the judicial nature of the task entrusted to it calls for the observance of the normal proprieties of judicial examination by both complainants and governments and that the use of language calculated to embitter rather than to elucidate controversy should be avoided. Subject to the foregoing, the Committee considers that it cannot regard itself as being precluded from examining the substance of a complaint because a government objects to the manner in which it is expressed. The Committee has also pointed out that in replying to a request for observations on a particular complaint, the Government is not recognising the accuracy or validity of the complaint but is merely co-operating with the Committee and with the Governing Body in making possible an impartial examination of the matter.
  219. 219 The Committee further recalls that, under the existing procedure, its function is not to formulate general conclusions concerning the position of trade unions in particular countries on the basis of vague general statements but to evaluate specific allegations. The Committee observes that in this case, although the complaints contain certain general statements, they also make specific allegations and that the Government has sent its observations regarding some of these. The Committee will therefore proceed to examine those allegations.
       • (a) The Arrest of Trade Unionists and the Death of Mr. Emilio Jáuregui
  220. 220 In its various communications the WCL mentions large numbers of trade unionists alleged to have been arrested, in which connection the Committee does not consider that it would be justified in requesting the Government to identify the persons since the complaints make no specific statement in this respect. In its communication of 15 July 1969, however, the WCL gives the names of twenty-two trade union leaders arrested, as mentioned in paragraph 206 above. The Government has not sent any observations on this communication by the WCL but states in general terms that the occurrences in which some trade union leaders have participated come within the scope of ordinary offences and that those leaders cannot claim any immunities or privileges under the law by virtue of their responsibilities.
  221. 221 In its communication of 7 July 1969 the WCL also refers specifically to the fact that " Mr. Emilio Jáuregui was murdered by the Argentine police in the street on 26 June 1969 ". The Government makes no comment to clarify this allegation.
  222. 222 The Committee recalls the statement in its First Report that, where precise allegations are made, it cannot regard as satisfactory replies from governments which are confined to generalities, and the hope it expressed that, in all cases in which the information supplied by governments to which complaints have been communicated appears to be inadequate or of too general a character, the government concerned would be requested to supply the Committee with more detailed information in order to enable it to express a considered view to the Governing Body.
  223. 223 Regarding the arrest of trade unionists, on many occasions a where allegations that trade union leaders or workers had been arrested or detained on account of trade union activities have been met by governments with statements that the arrests or detentions have been carried out because of subversive activities or crimes under ordinary law, or for reasons of internal security, the Committee has always followed the rule that the governments concerned should be requested to supply further information, which should be as precise as possible, concerning the arrests or detentions and the exact reasons therefor. If, in certain cases, the Committee has concluded that allegations relating to the arrest or detention of trade union militants did not call for further examination, this has been after it has received information from the governments showing sufficiently precisely and with sufficient detail that the arrests or detentions were in no way occasioned by trade union activities but solely by activities outside the trade union sphere which were either prejudicial to public order or of a political character.
  224. 224 Regarding the death of Mr. Jáuregui the Committee recalls that in other cases when allegations have been made that people have been killed it has stressed the importance it attaches to the need for the circumstances to be fully investigated by an immediate and independent special inquiry and for regular legal procedure to be followed in order to determine the responsibility for the action taken by the police and the justification of such action.
  225. 225 In these circumstances, the Committee recommends the Governing Body to request the Government to provide precise information regarding the twenty-two trade union leaders alleged to be under arrest, and regarding the action taken to clear up the circumstances of the death of Mr. Emilio Jáuregui and any results obtained from such investigation.
       • (b) The Taking Over of Trade Unions
  226. 226 The Committee observes that both the WCL and the WFTU refer in their complaints to the taking over of trade unions, and name the organisations affected. The Government does not deny that such action has been taken but attributes it to the fact that the respective leaders had deviated from specific trade union activities. In the case of the Printing Workers' Federation, the Government states that this body was engaged primarily in political activities and that committees concerned with subversive action met at its headquarters.
  227. 227 The Committee recalls that it has had on repeated occasions to examine the question of the taking over of trade union organisations in Argentina. On these occasions, the Committee has drawn the attention of the Government to the importance of Article 3 of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), which provides that workers' organisations shall have the right to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes, and that the public authorities shall refrain from any interference that would restrict this right or impede the lawful exercise thereof. The Committee has also drawn attention to the fact that the taking over of trade union organisations implies the serious danger of a restriction of the right of workers' organisations to elect their representatives in full freedom and to organise their administration and activities. The Committee has also pointed out the importance of the principle contained in Article 4 of the Convention in question to the effect that workers' organisations shall not be liable to be dissolved or suspended by administrative authority.
  228. 228 These provisions do not mean that trade union leaders should be exempt from any sort of supervision aimed at ensuring that their actions comply with existing legislation. Nevertheless, as already pointed out by the Committee on other occasions, it is of the greatest importance that in order to guarantee an impartial and objective procedure, such control should be exercised by the relevant judicial authority. The Committee of Experts on the Application of Conventions and Recommendations has also observed that a measure allowing for the suspension of trade union officials by administrative decision when they had been responsible for a breach of the provisions of the legislation in force was contrary to Article 4 of Convention No. 87.
  229. 229 In these circumstances, the Committee recommends the Governing Body once again to draw the Government's attention to the above-mentioned provisions of Convention No. 87, ratified by Argentina, and to stress the importance which it attaches to ensuring that, in order to guarantee an impartial and objective procedure, control of the legality of trade union leaders' acts should be exercised by the relevant judicial authority.
       • (c) Appointment of a Government Representative to the General Confederation of Labour
  230. 230 Both the WCL and the WFTU allege that the Government has ordered the headquarters of the General Confederation of Labour (CGT) to be occupied, and the WFTU states that on 15 July 1969 a government representative was appointed to reorganise this Confederation. It is alleged that the CGT's premises and property both passed under government control in this manner. The Government denies that the CGT's premises were occupied, stating that the representative appointed in accordance with the law had the task of regularising the Confederation's institutional situation through direct discussion with its leaders, and that this was an act within the country's domestic legal framework which cannot serve as grounds for a complaint to an international body.
  231. 231 In connection with the last point the Committee wishes to mention first of all that its function is to examine action undertaken by a government in relation to trade union rights, with a view to determining-in the light of international principles and standards concerning freedom of association-whether such action affects the enjoyment of those rights.
  232. 232 The Committee notes that the information supplied by the complainants and the Government respectively is at variance regarding the occupation of the CGT's headquarters and the Government's control over the Confederation and its property. The Committee considers that the power conferred on a person with a view to facilitating the normal functioning of a trade union organisation should not be such as to lead to limitations on the right of trade union organisations to draw up their own rules and regulations, to elect their representatives, to organise their administration and to formulate their programmes.
  233. 233 Consequently, and in order to be able to evaluate the situation with full knowledge of the facts, the Committee recommends the Governing Body, while bringing the opinion expressed in the previous paragraph to the attention of the Government, to request it to provide the text of the law under which the representative was appointed to the CGT, together with the fullest possible information on the performance of his functions.
• The Request for a Study or Investigating Commission
  234. 234 In its communication of 27 May 1969 the WCL, referring to the " permanent persecution " to which it considers trade unionists in Argentina to be subjected, requests that a study commission should be sent by the ILO to Argentina as early as possible. In its communication of 14 July 1969 the CLASC supports the request for a special ILO commission of investigation to be sent to Argentina to obtain evidence on the spot regarding the " brutal repression " of trade union leaders and organisations.
  235. 235 The Committee feels obliged to express its concern at the number of allegations presented with regard to the enjoyment of trade union rights in Argentina and the frequency of complaints submitted to in which relate to freedom of association in Argentina. The Committee nevertheless observes also that in recent months particularly serious events have occurred, giving rise to the declaration of a state of emergency which is at present in force in Argentina. The Committee accordingly believes that it should not state any opinion at present regarding the request by the WCL and the CLASC and decides to reserve its position in this respect for the time being.

The Committee's recommendations

1. 236. With regard to all these cases, the Committee recommends the Governing Body:
   • (a) concerning the allegations regarding the arrest of the General Secretary of the Federation of Mining and Cement Workers, to decide that this aspect does not call for any further examination, in view of the circumstances in which the particular complaint was withdrawn;
   • (b) concerning the allegations regarding the arrest of the trade unionists Mr. Oberlin, Mr. Calipo and Mr. Cosimi, to decide that there is no point in continuing examination of this aspect in view of the fact that these persons have been duly tried and subsequently released;
   • (c) concerning the conviction of Mr. Elpidio Torres and other trade unionists by military courts, to suggest to the Argentine Government, in view of the fact that the verdicts were imposed after summary trials and the safeguards of a regular judicial procedure were, not therefore provided in full, that it should consider the possibility of examining these cases again, with a view to ensuring that no person should be deprived of his liberty without benefiting by due process of law before an impartial and independent judicial authority;
   • (d) concerning the allegations relating to the kidnapping of Mr. Raimundo Ongaro, to request the Government to provide it with a copy of the court decision together with the reasons therefor;
   • (e) concerning the allegations relating to the arrests of Mr. Raimundo Ongaro, to draw the Government's attention to the importance which it has always attached to the need for persons under arrest to be rapidly and properly tried before an impartial and independent judicial authority, and to request the Government urgently to supply information regarding the legal proceedings instituted or, if no such proceedings have been instituted, information regarding Mr. Ongaro's present situation;
   • (f) concerning the various allegations relating to the trade union situation in general:
   • (i) to request the Government to provide precise information concerning the following trade union leaders alleged to be under arrest: Alicia Fondecilla, José R. Villaflor, Francisco Calipo, Federico Correa, Hugo Russo, Hugo Ferraro, Enrique Coronel, Alfredo Forraresa, Jorge Di Pasquale, Josh Pedraza, José Curiel, Carlos Cabrera, Pablo Gutman, Luis Miletto, Boris Groman, Luis Trenti, Julián Montoya, Juan Carlos Lorenzo, Hugo Fornies, Francisco Gentile, Alfredo Carbolleda and Ricardo Cano;
   • (ii) to request the Government to state what action has been undertaken in order to clarify the circumstances of the death of Mr. Emilio Jáuregui and any results of such investigation;
   • (iii) once again to draw the Government's attention, in regard to its action in taking over certain trade union organisations, to Article 3 of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), ratified by Argentina, stating that workers' organisations shall have the right to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes, as well as to Article 4, stating that such organisations shall not be liable to be dissolved or suspended by administrative authority; and to stress the importance it attaches to ensuring that control of the legality of trade union leaders' acts should be exercised by the relevant judicial authority, in order to safeguard impartial and objective procedure;
   • (iv) to point out to the Government that the power conferred on a person with a view to facilitating the normal functioning of a trade union organisation should not be such as to lead to limitations on the right of trade union organisations to draw up their rules and regulations, to elect their representatives, to organise their administration and to formulate their programmes; and to request the Government to supply the text of the law by which a representative was appointed to the CG T, together with the fullest possible information concerning the exercise of his functions;
   • (g) to take note of this interim report, it being understood that the Committee will submit a further report once it has received additional information to be requested from the Government under subparagraphs (d), (e) and (f) of this paragraph.