Definitive Report - Report No 202, June 1980

Case No 854 (Paraguay) - Complaint date: 07-JUL-76 - Closed

1. 74. The Committee last examined this case in November 1976, when it submitted an interim report to the Governing Body.
2. 75. Paraguay has ratified the Freedom of Association and Protection of the Eight to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 76. The allegations still outstanding refer to the arrest of Domingo Melchor and Santiago Rolón Centurión, brothers of the assassinated trade unionist Martino Rolón Centurión, the proceedings instituted against José Gil Ojeda Falkan, and the alleged torture of a number of trade unionists in custody.
2. 77. The Government informed the Committee that a warrant for José Gil Ojeda Falkan's arrest was issued on 7 December 1976 for contravening Act No. 209/70 respecting the preservation of the public peace and personal freedom. The Government also stated that Mr. Ojeda Falkan was interrogated on 15 March 1978. The Government has sent no information on the brothers of Martino Rolón Centurión or on the allegations concerning the torture and ill-treatment suffered by trade unionists in custody.
3. 78. In its last examination of the case, the Committee observed that there was considerable delay before the decision to issue a warrant for the arrest of José Gil Ojeda Falkan and his interrogation: by a magistrate. The Governing Body, on the recommendation of the Committee, expressed the hope that José Gil Ojeda Falkan would soon be judged and that the Government would communicate, as soon it was pronounced, the text of the judgement handed down and the reasons adduced therefore. Also on the recommendation of the Committee, the Governing Body requested the Government to provide information concerning the situation of the brothers of Martino Rolón Centurión and its observations in reply to the allegations concerning the ill-treatment of a number of persons in custody.
4. 79. At its meetings in February, May and November 1979, the Committee had to postpone its examination of this case, as it had not received the information requested of the Government. At its meeting in February 1980 the Committee again postponed its examination of the case for the same reason. Accordingly, the Governing Body notified the Government that in conformity with the procedure of the Committee, the latter might present a report on the substance of the matter at its next session, even if the observations of the Government were not received by that date. The Committee has not yet received this information.

B. B. The Committee's conclusions

1. 80. In these circumstances, and before examining the substance of the case, the Committee considers it necessary to recall the considerations set forth in its First Report, which it has repeated on various occasions, namely that the purpose of the whole procedure is to promote respect for trade union rights in law and in fact, and that the Committee is confident that, if it protects governments against unreasonable accusations, governments on their side will recognise the importance of formulating for objective examination detailed factual replies to such detailed factual charges as may be put forward.
2. 81. The Committee expresses its deep concern that the Government has not sent the observations which have been requested of it on repeated occasions and that, given the time which has elapsed, it is compelled to examine the case without having received them.
3. 82. As regards the allegations relating to Domingo Melchor and Santiago Rolón Centurión and José Gil Ojeda Falkan, the Committee recalls that it has emphasised that the detention of trade union officials, even for reasons of internal security, may constitute a grave interference with trade union rights unless accompanied by the appropriate judicial safeguards. In many cases where allegations that trade union leaders or workers have been arrested or sentenced on account of trade union activities have been refuted by governments or met with statements that the arrest or detention was made for subversive activities, for reasons of internal security or for common law crimes, the Committee has always followed the rule that the governments concerned should be requested to submit further information as precise as possible concerning the alleged measures, and in particular concerning the judicial proceedings taken, and to supply the texts of sentences pronounced, together with the reasons adduced therefore, to enable it to examine the allegations with full knowledge of the facts.
4. 83. As regards the allegations of ill-treatment of workers in custody, the Committee recalls the importance it has always attached to the right of trade unionists, as of all other persons, to enjoy the guarantees afforded by due process of law in accordance with the principles enunciated in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.

The Committee's recommendations

1. 84. In these circumstances the Committee recommends the Governing Body:
   • (a) to express its deep concern that, despite the requests made, the Government has not sent the information requested and that the Committee has been obliged to examine the case without having received these observations;
   • (b) to draw the attention of the Government to the principles and considerations set forth in paragraphs 82 and 83 above, and in particular to the principle that the detention of trade union officials may constitute a grave interference with trade union rights unless attended by the appropriate judicial safeguards;
   • (c) to urge the Government to keep the Committee informed of the situation of the Rolón Centurión brothers and the proceedings against José Gil Ojeda Falkan, and to communicate the text of the judgement given, with the reasons adduced therefore;
   • (d) to urge the Government to send the Committee its observations on the allegations of ill-treatment of trade unionists in custody.