Interim Report - Report No 110, 1969

Case No 492 (Mexico) - Complaint date: 15-JUL-66 - Closed

1. 135. The last report to the Governing Body in respect of this case, which was examined by the Committee at its session in February 1968, is contained in paragraphs 166 to 186 of its 103rd Report.

A. A. The complainants' allegations

1. 136. That report, which the Governing Body approved at its 171st Session (February-March 1968), contained the Committee's definitive conclusions with regard to some of the allegations made in this case, namely those relating to the imprisonment of a number of trade unionists and to interference by the undertaking " Petróleos Mexicanos " in the affairs of the Union of Temporary Workers of Petróleos Mexicanos (STTPM).
2. 137. In the report in question the Committee also requested the Government to furnish its observations on other allegations made by the IFCTU in a communication dated 10 January 1968. In reply to that request the Government made certain comments in a communication transmitted to the ILO on 12 September 1968 by the Permanent Delegation of Mexico in Geneva, and brought to the Committee's attention at its session in November 1968.
3. 138. In its communication of 10 January 1968 the IFCTU requested the ILO to approach the Mexican Government as a matter of urgency with a view to securing the release of a trade unionist who had been arrested and imprisoned " for his trade union activities ". The person in question was said to be Mr. Rubén Carlos Esguerra, a leader of the STTPM, who, with some of his colleagues, had been sent to the Lecumberri prison.
4. 139. In its observations the Government declared that " since the so-called Union of Temporary Workers of Petróleos Mexicanos appears to have submitted no new information or facts concerning the complaint in question which could substantially change the previous situation, the Government considers that there is no need for presenting new observations and hopes that the interim decision referred to previously will be made definitive ".
5. 140. After examining the case at its session in November 1968 the Committee expressed its regret that the Government's reply made no reference at all to the specific allegation in the IFCTU's communication of 10 January 1968 concerning in particular the imprisonment of Mr. Esguerra, and requested the Government to be good enough to forward its observations on this aspect of the case.
6. 141. This request having been transmitted to the Government by a letter dated 21 November 1968, the Government replied by a communication dated 6 January 1969.
7. 142. In its reply the Government states that since accusations had been made against Mr. Esguerra and others of offences defined in and punishable under the Penal Code, the Public Prosecutor undertook an investigation of the alleged facts and found that there were grounds for the institution of the appropriate criminal proceedings.
8. 143. The Government continues by indicating that in these circumstances Mr. Esguerra and those accused with him were prosecuted within three days of their arrest-the time limit during which, under the Constitution, a person may be detained without being charged. Mr. Esguerra was formally charged with attempted murder and fraud; the other persons involved in this affair were charged with either fraud or threats, or both.
9. 144. The Government then states that in view of the separation of powers the Executive Power can do nothing to have the accused persons sentenced or acquitted by the judiciary. Nevertheless, the Government says that it is in a position to state that the trial in question is taking place under conditions which afford all the guarantees of normal judicial procedure, as laid down in article 20 of the Federal Political Constitution.
10. 145. In conclusion the Government indicates that the trial is expected to end shortly and states that it will communicate to the ILO the text of the judgment as soon as it is handed down.

The Committee's recommendations

1. 146. In these circumstances the Committee recommends the Governing Body to take note of the Government's statement to the effect that the text of the judgment pronounced in the case in question will be communicated to the ILO; in accordance with its constant practice, the Committee further recommends the Governing Body to request the Government to communicate at the same time the text of the grounds adduced for the judgment in question; lastly, the Committee recommends the Governing Body to adjourn examination of the case pending receipt of the information referred to above.