Interim Report - Report No 233, March 1984

Case No 1199 (Peru) - Complaint date: 26-APR-83 - Closed

1. 565. The complaint is contained in communications from t, dated 26 April and 7 June 1983 respectively. The Government replied in a communication dated 13 October 1983.
2. 566. Peru 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. The complainants' allegations

1. 567. The complainants allege that on 23 March 1983 in the mining centre of Huanzalá, owned by the Santa Luisa Mining Company, two civil guards Augusto Gariboto Nolasco and Luis Rivas Plata, who were obviously in a state of inebriation, arrived at the works canteen. Suddenly and without any justification whatsoever, they proceeded to arrest one of the workers, Alfredo Huamantuma Calcina, a trade union leader of the National Federation of Mining Workers of Peru. Following the protest of the workers who were present, these same civil guards verbally and physically assaulted Mr. Stig Blomquist, leader of the Miners' International Federation (Information Officer) and Mrs. Gunilla Berglund (interpreter) who were present in connection with a programme which they were carrying out on an exchange of experiences between both Federations, as well as the Secretary-General of the trade union of this mining centre, Mario Astete Sanca. According to the Miners' International Federation, a group of workers who had been alerted by a miner who witnessed what had happened in the canteen requested an explanation from the police and tried to prevent them from taking Mr. Blomquist and Mr. Huamantuma to the central police station fearing that they would be injured. A struggle followed and Mr. Blomquist managed to reach the trade union premises and send a message to the mining company asking the latter to send a representative to discuss the situation. The chief of personnel arrived and accepted the suggestion that the police officers responsible should leave the mine. They then proceeded to the central police station where the chief of police offered his apologies for what had happened and said that he did not object to the police officers being expelled from the mine.
2. 568. The National Federation of Mining and Metallurgical Workers of Peru (FNTMMP) adds that as a result of the police aggression of 23 March 1983, which was a violation of the Constitution, the workers held a public protest on the following day and demanded that the police officers responsible be duly sanctioned. In these circumstances, although the protest was peaceful and orderly, a police unit brutally repressed the gathering of workers, housewives and children who had assembled on the public thoroughfare, which led to the death of Gelacio Bernardo Mendoza and the injury by gunshot of the workers Edson Garay Flores, Eduardo Morán Silvestre, Esaú Ciriaco Tello, Flavio Huamán Quiroz, Julio Carbajal Pardavé and Eladio Alvarado Valenzuela. According to the FNTMMP, recourse was made to the old trick of distorting facts and inverting responsibilities and 37 mining workers were reported to the judicial authorities, accused of an "attack against the police forces". In addition to this abuse, the Santa Luisa Mining Company dismissed two workers (Exhaltación Raymundez Valverde and Ceferino Santos Blas) and at the same time launched a series of repressive measures against all the workers employed in its service. The FNTMMP points out that criminal charges have been formally lodged with the Public Prosecutor against the two civil guards Augusto Gariboto Nolasco and Luis Rivas Plata and any other persons found responsible for the homicide of Gelacio Bernardo Mendoza and the physical injury of the other mentioned workers. In the same way, a request has been made to the Ministry of the Interior, to which the Civil Guard is responsible, for the application of sanctions against those responsible for the acts and the introduction of a series of measures in the mining complex to avoid the recurrence of similar events in the future.
3. 569. The version of the Miners' International Federation of the events which occurred on 24 March 1983 is the following: the miners proceeded to the offices of the company to protest against what had happened to Mr. Blomquist on the previous day and to request an explanation from the company. The director of the undertaking, Mr. Turin, told the workers that he would ask the chief of police to come and explain what had happened. The chief of police came but refused to give any explanations. On the contrary, he gave a signal which resulted in the appearance of eight police officers armed with pistols and tear gas. They surrounded the director, deputy director, who was also present, and the chief of police. A disturbance followed and the police proceeded to fire in the air and use tear gas. The chief of police and some of the police officers aimed directly at the workers who then began running away in search of safety. The police pursued them and fired directly at them. Two miners were injured in the leg and their colleagues tried to transport them to safety. The police continued to fire. One man who was carrying one of the injured miners on his shoulders had just reached the exit door of the area in which the police offices are located when he was hit in the side by a bullet. He was between 75 and 100 meters from the police offices. One miner, Gelacio Bernardo Mendoza, was killed by bullets which hit his lungs and kidneys. A total of six miners were injured, two in the chest and four in the leg.

B. The Government's reply

1. 570. The Government states that on 23 March 1983 two civil guards attached to the Huanzala post noticed the presence, in the works canteen of the Santa Luisa Mining Company, of persons from outside the company who, when requested to produce their identity documents, refused to do so in an angry and impolite manner. As a result, the two civil guards decided to take them to the police station, a state of affairs which was exploited by a trade union leader who assembled 20 persons to obstruct the action of the police, who decided to withdraw and report to the post commander. The persons from outside the company were subsequently identified as Stig Blomquist, leader of the Miners' International Federation, of Swedish nationality and Gumila Berglund de Blanco, of the same nationality.
2. 571. The Government goes on to say that on 24 March, at 4 p.m., a group of approximately 500 persons led by the above-mentioned foreigners and trade union leaders of the Santa Luisa Mining Company held a meeting which demanded that the post commander and the mine director, Juan Turín Soto, should come and give an explanation of the measures taken against the members of the Civil Guard as a result of the incident of the previous day. As indicated above, this was exploited by the demonstrators who seized the official of the company and beat him, which led the members of the Civil Guard to intervene and rescue him, involving the unsuccessful use of tear gas; subsequently the Civil Guard post was attacked with stones and dynamite bombs causing material damage to the roof and the facade of the premises and endangering the lives of staff who had barricaded themselves inside and who were obliged to use firearms against the attackers. Six of the assailants were injured, including the mineworker Gelacio Bernardo Mendoza, as he was throwing a dynamite bomb and who later died after being taken to hospital by his colleagues. This diagnosis was confirmed by the physician on duty.
3. 572. During these last-mentioned incidents the miners took as hostages an engineer Serafín Valer González and the chief of personnel, don José Hinostroza Murga, who were held for a period of twelve hours and physically assaulted. The miners also demanded the withdrawal of all Civil Guard members.
4. 573. According to the Government, it is clear from the above that the version of the events described by the complainant is not only inexact but that there is a clear discrepancy between the supposed acts committed against the above-mentioned union leaders and the acts of force perpetrated by the miners on 24 March last, which can be seen in the taking of hostages and the physical mistreatment of them and which justified the rescue operation launched by the police and the acts of self-defence following the clear attack on the police post with stones and dynamite bombs. Furthermore, the assailants sustained only slight injuries in the leg, with the exception of one death, that of the worker Gelacio Bernardo Mendoza.

C. The Committee's conclusions

1. 574. The complainants allege that on 24 March 1983 a police unit repressed a peaceful demonstration of workers of the Santa Luisa Mining Company who were demanding that sanctions be taken against two civil guards who on the previous day, in a state of inebriation, had allegedly attempted to arrest without any justification a trade union leader and who had assaulted two other trade union leaders and a third person. According to the complainants as a result of this repression one worker died and six others were injured by bullets.
2. 575. As regards the acts which led to the above-mentioned demonstration by mineworkers, the Committee notes that the allegations and the reply o£ the Government are contradictory. According to the complainants, on 23 March 1983 two civil guards who were in a state of inebriation attempted to arrest a trade union leader without any justification whatsoever and allegedly assaulted two other trade union leaders and a third person. The Government, on the other hand, although it has not expressly denied that the civil guards in question were in a state of inebriation or that they carried out the assaults, has stated that the officers in question attempted to arrest two persons who, in an angry and impolite manner, had refused to present their identity documents.
3. 576. The Committee notes that there is also a contradiction between the allegations and the reply of the Government concerning the circumstances which led to the death of the miner Gelacio Bernardo Mendoza and the injuries of other workers during the demonstration on 24 March 1983. According to the complainants, these events occurred when the Civil Guard repressed a peaceful demonstration by firing on persons who ran out in search of safety once the Civil Guard used tear gas and took aim at them. According to the Government, the workers attacked the premises of the Civil Guard with stones and dynamite, thus endangering the lives of the civil guards who were inside, and who were obliged to use their firearms in self-defence. As a result, six persons were injured, one of whom whilst throwing a petrol bomb and who died shortly afterwards. The Government has also referred to the taking of hostages and other acts of aggression by the miners. In this general connection, the Committee recalls that the use of the forces of order during public demonstrations should be limited to cases of genuine necessity. The Committee expresses the hope that the Government will take appropriate measures to avoid a repetition of similar incidents.
4. 577. The Committee deeply deplores the death of the miner Gelacio Bernardo Mendoza and the injury of several other workers. Given the contradiction which exists between the version of the Government and that of the complainants on the alleged events, it expresses the hope that the judicial proceedings under way will establish responsibilities and that those found guilty will be sanctioned. The Committee asks the Government to inform it of the results of the legal action taken concerning the alleged events.
5. 578. Finally, the Committee asks the Government to send its observations on the dismissal of Exhaltación Raymúndez Valverde and Ceferino Santos Blas.

The Committee's recommendations

1. 579. In the circumstances, the Committee recommends the Governing Body to approve the present interim report and in particular the following conclusions:
   • (a) The Committee deeply deplores the death of the miner Gelacio Bernardo Mendoza and the injury of several other workers. Given the contradiction which exists between the version of the Government and that of the complainants concerning the alleged events, it expresses the hope that the judicial proceedings under way will establish responsibilities and sanction those found guilty. The Committee asks the Government to inform it of the results of the legal action taken concerning the alleged events.
   • (b) The Committee recalls that use of the forces of order during public demonstrations should be limited to cases of genuine necessity. The Committee expresses the hope that the Government will take appropriate measures to avoid a repetition of the incidents in the present case.