Interim Report - Report No 226, June 1983

Case No 1098 (Uruguay) - Complaint date: 15-DEC-81 - Closed

141. The Committee examined these cases at its November 1982 Session, when it submitted an interim report to the Governing Body.

1. 141. The Committee examined these cases at its November 1982 Session, when it submitted an interim report to the Governing Body.
2. 142. Subsequently, the World Federation of Trade Unions sent additional information in communications dated 1 November and 6 December 1982. The Government replied in communications dated 17 January, 17 February and 13 May 1983.
3. 143. Uruguay 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. 144. In its previous examination of the case, the Committee noted with interest that of the persons mentioned in the list of detained trade union leaders and trade unionists supplied by the CNT, 13 had been released and 17 did not appear on any records as having been arrested, and requested the Government for its observations regarding the 12 persons to whom it had not referred and to state the facts which had given rise to the trial or sentencing of the rest of persons on the list. As regards the alleged disappearance of trade unionists, the Committee requested the Government to make inquiries in order to ascertain the whereabouts of the dock worker trade unionist, Pedro Ortiz, and to inform it accordingly. The Committee also requested the Government to take measures to secure the release of ten trade union leaders and trade unionists (Alberto Casas Rodriguez, Daniel Uriarte Pintos, Gene Mateos Calvete, Nelson Cuello Camejo, Ramón Freire Pizzano, Armando Coronel Báez, Humberto Bonelli, Helvecio Benelli Arias, Alberto Urruty Pizarro and Elbio Quinteros Bethancourt) and to inform it of any action taken in this respect. It further requested the Government to keep it informed of any initiatives taken to apply measures of clemency regarding imprisoned trade unionists in poor health and, in particular, of any action taken regarding the application before the military courts for the early release of Mr. Alberto Altesor.

B. Further developments

1. 145. In a communication dated 1 November 1982, the World Federation of Trade Unions (WFTU) informed the Committee of the death of the trade union leader Ramón Freire Pizzano in the "Libertad" prison adding that, according to members of his family, his state of health had deteriorated as a result of ill treatment in the prison. In a subsequent communication, the WFTU stated that the news of this trade union leader's death was later denied by the same sources of information which had originally announced it.

C. The Government's reply

1. 146. As regards the 12 trade union leaders and trade unionists mentioned in the list of detained persons supplied by the CNT, about whom the Committee had requested the Government for its observations since it had not referred to them in its previous replies, the Government states that Celiar Reherman, Graciela Mario, Alcides Núñez, Carlos Oxley, Ariel Fernández Cirigliano and Enrique Rodriguez have been released, that there is no record of the detention of Miguel Carbajal, Miguel Garcia, Sergio Garcia, Alcibiades Techero and Felipe Vera, and that Carlos Tutzo (sentenced for subversive association), though he has not applied for an early release, will probably be released on 23 July 1983. As regards the trade union leaders and trade unionists mentioned in the list of detained persons supplied by the CNT about whom the Committee had requested the Government to state the facts giving rise to their trial or sentencing, the Government states that Ulises Pereira was released on 13 September, Odilio Rovira on 27 December and Bonito Alvariño on 28 December 1982. The Government also indicates the crimes for which the following persons were sentenced: José Bessio and Wilman Lasena (subversive association.), Rubén Bello and Miguel Angel Guzmán (subversive association and attack on the Constitution).
2. 147. The Government also states that, in order to demonstrate the false nature of the information supplied by the WFTU in its communication of 1 November 1982, it invited various heads of diplomatic missions accredited in the country to visit the penitentiary in which Mr. Ramón Freire Pizzano is imprisoned; during the visit, which took place on 11 November 1982, the heads of the diplomatic missions were able to verify the trade union leader's perfect state of health and the conditions in which he is serving his sentence.
3. 148. Lastly, the Government states that the application for the early release of Mr. Alberto Altesor is under study by the Military Supreme Court and, as requested of the competent authority, inquiries are being made to ascertain, the whereabouts of the dock worker trade unionist Pedro Ortiz. The Committee will be informed of the outcome.

D. The Committee's conclusions

1. 149. As regards the 12 trade union leaders and trade unionists alleged to have been detained according to the list supplied by the CNT, about whom the Government had not replied, the Committee notes with interest that, according to the Government, Celiar Reherman, Graciela Mario, Alcides Núñez, Carlos Oxley, Ariel Fernández Cirigliano and Enrique Rodriguez have been released, that there is no record of the detention of Miguel Carbajal, Miguel Garcia, Sergio Garcia, Alcibiades Techero and Felipe Vera, and that Carlos Tutzo, though he has not applied for an early release, will probably be released on 23 July 1983.
2. 150. As regards the 40 trade union leaders and trade unionists mentioned in the list of detained persons supplied by the CNT, about whom the Committee had requested the Government to state the facts giving rise to their detention, trial or sentencing, the Committee notes that, according to the Government, Ulises Pereira, Odilio Rovira and Benito Alvariño have been released. However, the Committee notes that the Government has not yet supplied the information requested about the remaining 37 trade union leaders and trade unionists. Consequently, the Committee requests the Government to supply this information as soon as possible.
3. 151. As regards the allegation, subsequently denied by the WFTU, that the state of health of the trade union leader Ramón Freire Pizzano had deteriorated as a result of the ill treatment received in prison and that he had died, the Committee notes that the Government invited various heads of diplomatic missions accredited in the country to visit the penitentiary in which Mr. Freire Pizzano is imprisoned and that these diplomats were able to verify the trade union leader's state of health and the conditions in which he is serving his sentence.
4. 152. Concerning the allegations in connection with which the Committee requested the Government to keep it informed of further developments, the Committee notes that the Government has ordered inquiries to be made in order to ascertain the whereabouts of the dock worker trade unionist Pedro Ortiz, that it will be informed of the outcome of the inquiries and that the application for the early release of the trade unionist Alberto Altesor is now under study by the Military Supreme Court. The Committee expresses the hope that, in view of this trade unionist's delicate state of health, the Count will decide on his early release shortly, and requests the Government to communicate the text of the decision taken. The committee also recalls that it requested the Government to take measures to secure the release of ten trade union leaders and trade unionists (Alberto Casas Rodriquez, Daniel Uriarte Pintos, Gene Mateos Calvete, Nelson: Cuello Camejo, Ramón Freire Pizzano, Armando Coronel Báez, Humberto Bonelli, Helvecio Bonelli Arias, Alberto Urruty Pizarro and Elbio Quinteros Bethancourt) and to inform it of any action taken in this respect. Since the Government has not supplied any information on the matter, the Committee can only reiterate its conclusions.

The Committee's recommendations

1. 153. In these circumstances, the Committee recommends the Governing Body to approve this interim report, and in particular the following conclusions:
   • (a) The Committee notes with interest that certain trade union leaders and trade unionists mentioned in the list of detained persons supplied by the CWT have been released and that another trade unionist will probably be released on 23 July 1983.
   • (b) The Committee requests the Government to explain, as soon as' possible, the facts which gave rise to the trial, sentencing or detention of the 37 trade union leaders and trade unionists mentioned in the attached list of detained persons supplied by the CNT.
   • (c) The Committee notes that the trade union leader Ramón Freire Pizzano has not died and that, according to the Government, he is in perfect health at the penitentiary where he is serving his sentence.
   • (d) The Committee notes that the Government has ordered inquiries to be made to ascertain the whereabouts of the dock worker trade unionist Pedro Ortiz and will inform the Committee of the outcome.
   • (e) The Committee expresses the hope that, in view of the delicate state of health of the trade unionist Alberto Altesor, the Court will decide on his early release shortly. The Committee requests the Government to communicate the text of the decision taken.
   • (f) The Committee again requests the Government to take measures to secure the release of the trade union leaders and trade unionists Alberto Casas Rodriguez, Daniel Uriarte Pintos, Gene Mateos Calvete, Nelson Cuello Camejo, Ramón Freire Pizzano, Armando Coronel Báez, Humberto Bonelli, Helvecio Bonelli Arias, Alberto Urruty Pizarro and Elbio Quinteros Bethancourt and to inform it of any action taken in this respect.

Z. ANNEX

• LIST SUPPLIED BY THE CNT OF DETAINED, TRIED AND SENTENCED TRADE UNION OFFICIALS AND MEMBERS
• Detained
• Corral, Neves Union member (bank employees)
• Morales, Milton Union official (transport workers)
• Tried
• Calleros, David UTE official
• Eguren, Jesús union official (textile workers)
• López, Jaime Union official (textile workers)
• Martinez, Maria Union official (leatherworkers)
• Mechoso, Carlos Union member (graphic arts workers)
• Meirelles, Roberto SAG official
• Silva, Dimar Conoprole official
• Sentenced
• Alvarez, Jorge Union member (bank employees)
• Bello, Rubén union official (dockworkers)
• Bessio, José L. ANCAP official
• Brugnole, Diego Union official (hank employees)
• Bugarin, Jaime union member (bank employees)
• Durante, Julio union member (graphic arts workers)
• Glisenti, José Union member (bank employees)
• Guerrero, Carlos UNTMRA official
• Guzmán, Miguel SUNCA official
• Ibarra, Yolanda FUM member
• Iguini, Luis Secretary-General of COFE and CNT
• Larraya, Raúl Union member (bank employees)
• Lasena, Wilman ANCAP official
• Laurenzo, Francisco APU member
• León, Waldemar de SUNCA official
• Lev, León Union member (bank employees)
• Longo, Miguel Union official (bank employees)
• López, Raul Union member (bank employees)
• Maiorana, Francisco Official of the Federation of Railway Workers
• Martiello, Guillermo Union member (transport workers)
• Moreira, Leandro Union member (bank employees)
• Ortiz, Rogelio UNTMRA official
• Quintana, Norberto Official of the National Federation of Telecommunication Workers and of COFE
• Reyes, Ramón R. ANCAP official
• Rivero, Tomás Union member (transport workers)
• Rodriguez Belleti, Union official (sugarcane workers) Washington
• Rossi, Hugo Union official (dockworkers)
• Torres, Edgardo Union official (textile workers)