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- 89. At its March 2013 meeting, the Committee made the following
recommendation [see 367th Report, para. 79]:
- The Committee
regrets that the judicial proceedings relating to the dismissal of Mr David Elíaz
Rázuri, Secretary for Defence of SUNTRANEP have lasted for more than four years –
the proceedings were initiated in 2009 – and emphasizes that justice delayed is
justice denied [see Digest of decisions and principles of the Freedom of Association
Committee, fifth (revised) edition, 2006, para. 105]. The Committee expects that the
judicial authorities will issue a final ruling in the very near future and requests
the Government to keep it informed about the ruling that is handed
down.
- 90. In its communications dated 5 April and 9 August 2013, the Government
indicates that it has transmitted to the Office of the President of the Judiciary the
Committee’s recommendations concerning the delay in the administration of justice. With
regard to the case of union official Mr David Elíaz Rázuri, the Government states that,
in August 2012, following several appeals, the judicial authority confirmed that he had
been wrongfully dismissed and ordered his reinstatement, but the other party filed an
application for judicial review. The Government indicates that this is one of the legal
options available for exercising the right of defence.
- 91. The Committee takes note of this information and requests the
Government to inform it of the outcome of the judicial review. In light of the
confirmation on appeal of his wrongful dismissal, the Committee requests the Government
to ensure that Mr Rázuri is reinstated in his post pending the final judgment.
