Report in which the committee requests to be kept informed of development - Report No 363, March 2012

Case No 2660 (Argentina) - Complaint date: 31-JUL-08 - Closed

Allegations: The complainant organizations allege the temporary abduction of the Deputy Secretary-General of the CTA and Secretary General of the ATE by armed persons with the aim of causing intimidation

1. 238. The Committee last examined this case at its November 2010 meeting and on that occasion presented an interim report to the Governing Body [see 358th Report, approved by the Governing Body at its 309th Session (November 2010), paras 158–171].
2. 239. The Government sent its observations in communications of May 2011 and 5 March 2012.
3. 240. 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. Previous examination of the case

1. 241. At its November 2010 meeting, when it examined the allegations of temporary abduction with the aim of causing intimidation because of the trade union activity of Mr Pablo Micheli, a trade union leader of the CTA and the ATE, the Committee made the following recommendations [see 358th Report, para. 171]:
   • The Committee urges the complainant organization to provide precise information about the complaint lodged with the Prosecutor’s Office, and further details, in order to enable it to communicate information about any progress in the investigation that is said to be under way regarding the temporary abduction of the trade union leader, Mr Pablo Micheli. Moreover, the Committee further requests the Government to carry out an investigation concerning the allegations and expects that those responsible for planning and perpetrating the abduction will be severely punished. Moreover, should Mr Micheli request it, the Committee requests the Government to provide him with the protection deemed necessary to guarantee his personal safety.

B. The Government’s reply

1. 242. In its communications of May 2011 and 5 March 2012, the Government indicates that it has expressly ordered an investigation into the complaint, and the Ministry of Labour of Buenos Aires Province has provided a detailed report in the form of a note indicating the following:
   • I have the pleasure of addressing this report to you in response to your request (DAI note No. 1405) received by this office on 29 March this year.
   • Please be advised that a professional staff member of this office was commissioned to gather information from the Judicial District of Lomas de Zamora, with the following result:
     • (1) Investigative Unit (UFI) No. 1: An electronic search yielded no results with the search parameters used. Nevertheless, it was possible to confirm that the shift did match the date of the alleged event.
     • (2) Criminal Court No. 18: There is no such court in the Judicial District of Lomas de Zamora.
     • (3) UFI No. 18: An electronic search yielded no results with the search parameters used.
     • (4) General registry of the district: An electronic search yielded no results with the search parameters used. Nevertheless, staff reported that, in 2008, cases in which the offence of abduction was investigated were received via the federal courts.
     • (5) Federal Court No. 1: A manual search of the records yielded no results with the search parameters used.
     • (6) Federal Court No. 2: A manual search of the records yielded no results with the search parameters used.
2. 243. Lastly, the Government requests that the complainant trade union be asked for more specific information than that previously supplied, and reiterates the Government’s desire to achieve satisfactory clarification of the facts and conduct the corresponding investigation.

C. The Committee’s conclusions

1. 244. The Committee recalls that, in the present case, the complainant organizations alleged that Mr Pablo Micheli, a trade union leader of the CTA and the ATE, was temporarily abducted (for an hour and a half) on 23 June 2008 with the aim of causing intimidation because of his trade union activity, and that the Committee, at its November 2010 meeting, requested the complainant organizations to provide precise information about the complaint lodged with the Prosecutor’s Office, and further details, to enable the Prosecutor’s Office to communicate information about any progress made in any investigation into the abduction. It also requested the Government to carry out an investigation concerning the allegations and expected that those responsible for planning and perpetrating the abduction would be severely punished.
2. 245. The Committee notes that the Government indicates that it asked the Ministry of Labour of Buenos Aires Province to carry out an investigation concerning the complaint referred to by the complainant organizations and that the provincial Government reported that: (1) an electronic search did not locate the complaint in Investigative Unit (UFI) No. 1 or in UFI No. 18; (2) there is no Criminal Court No. 18 in the Judicial District of Lomas de Zamora; and (3) the complaint was not found in the general registry of the district or in the records of Federal Courts Nos 1 and 2. The Committee also notes that the Government again requests that the complainant organizations be asked for more specific information than that previously supplied, and that it reiterates its desire to achieve satisfactory clarification of the facts.
3. 246. The Committee notes this information and urges the Government to do everything within its power to ensure that the complaint lodged with the Prosecutor’s Office is retrieved and that the competent investigating authorities initiate an immediate investigation concerning the alleged temporary abduction with the aim of causing intimidation, on 23 June 2008, of Mr Pablo Micheli, trade union leader of the CTA and the ATE, because of his trade union activity. It requests the complainant organizations to provide the authorities with as much information as possible. The Committee requests the Government to keep it informed of the outcome of the investigation.

The Committee’s recommendation

1. 247. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendation:
   • The Committee urges the Government to do everything within its power to ensure that the complaint lodged with the Prosecutor’s Office is retrieved and that the competent investigating authorities initiate an immediate investigation concerning the alleged temporary abduction with the aim of causing intimidation, on 23 June 2008, of Mr Pablo Micheli, trade union leader of the CTA and the ATE, because of his trade union activity. It requests the complainant organizations to provide the authorities with as much information as possible. The Committee requests the Government to keep it informed of the outcome of the investigation.