Definitive Report - Report No 233, March 1984

Case No 1229 (Chile) - Complaint date: 18-AUG-83 - Closed

1. 45. The complaint is contained in a communication from the World Federation of Trade Unions (WFTU) dated 18 August 1983. The Government replied in a communication dated 11 January 1984.
2. 46. Chile has ratified neither the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) nor the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 47. The complainant alleges that between 8 and 10 August 1983 the premises of four trade union organisations (the National Confederation of Peasants and Indigeneous Persons "El Surco", the National Confederation of Workers of the Building and Building Material Industries, the National Confederation of Metallurgical Workers - CONSTRAMET - and the National Confederation of Textile Workers) were searched without warrant by members of the uniformed Chilean police and the National Information Office (CNI).
2. 48. According to the complainant, the police forces committed acts of repression against trade union leaders of these four organisations, destroyed the furniture and other fixtures in the premises and took away correspondence and trade union documents from the files.
3. 49. The complainant adds that the leaders of the above-mentioned trade union organisations received death threats both directly and by telephone. Finally, the complainant points out that the President and Secretaries-General of these organisations were banished to inhospitable regions in the south of Chile or expelled from the country.

B. The Government's reply

1. 50. The Government states that the complaint presented by the WFTU is a repetition of accusations which have been made in the past. After referring to the constitutional and legal provisions in force which guarantee the inviolability of the home and all private communications, including documents and correspondence, the Government points out that any illegal act of deprivation, perturbation or threat regarding the legitimate exercise of this constitutional right is grounds for seeking the application by the Court of Appeals of the necessary measures for the re-establishment of justice and the protection of the person concerned. The Government states that it has no knowledge that any of those persons affected by the alleged search, destruction of furniture and seizure of trade union documents has applied to the courts.
2. 51. As regards the allegation concerning death threats by telephone made to trade union leaders, the Government states that it is impossible to prove the truth of such affirmations since it is convinced that they are made with the sole object of discrediting it. The Government also points out that it has no knowledge that the persons allegedly threatened in this way have requested an investigation by the courts or made a criminal complaint.
3. 52. With regard to the allegation concerning the banishing to the south of the country or expulsion of four leaders of the above-mentioned organisations, the Government refers to information which it furnished in connection with Cases Nos. 1170, 1186, 1200, 1205 and 1212 concerning Carlos Opazo Bascuñán, Sergio Troncoso Cisterns, Ricardo Lecaros González and Héctor Cuevas Salvador. The Government points out however that none of the leaders of the four above-mentioned organisations was arrested, banished or expelled from the country between 8 and 10 August 1983 nor subsequently. By the same token their trade union headquarters have not been searched.

C. The Committee's conclusions

1. 53. The Committee notes that in the present case the complainant organisation has alleged that the premises of four trade union organisations were searched, that the furniture and other fixtures of the premises were destroyed and that correspondence and trade union documents were seized. The complainant has also alleged that leaders of these trade union organisations received death threats, both directly and by telephone, and that presidents and secretaries of the organisations were banished or expelled from the country.
2. 54. The Committee observes firstly that some of the allegations of the complainant organisation (searching of the CONSTRAMET headquarters, banishing and expulsion of trade union leaders) have already been made to the Committee in connection with other cases [see 226th Report, Case No. 1170, paragraph 351, 230th Report, Case No. 1186, paragraph 581 and Case No. 1212, paragraphs 623 and 625] and that interim or definitive conclusions have been adopted in this connection. Therefore the Committee believes that it is not appropriate to examine these allegations within the framework of the present case.
3. 55. As regards the alleged searching of the premises of the National Confederation of Peasants and Indigeneous Persons "El Surco", the National Confederation of Workers of the Building and Building Materials Industries and the National Confederation of Textile Workers and the destruction of furniture and documents of these organisations, the Committee notes that it appears from the statements of the Government that no proceedings have been initiated before the courts. Furthermore, given that the Government denies the allegations, the Committee is not in a position to be able to draw conclusions in this respect.
4. 56. As regards the death threats allegedly received by trade union leaders of the four trade union organisations mentioned by the complainant, the Committee notes that the Government believes that these allegations were made solely with the purpose of discrediting it. The Committee observes furthermore that it appears from the statements of the Government that the persons allegedly threatened have lodged no criminal complaint with the courts. In these circumstances, the Committee considers that these allegations call for no further examination.

The Committee's recommendations

1. 57. In the circumstances, the Committee recommends the Governing Body to decide that this case does not call for further examination.