Effect given to the recommendations of the committee and the Governing Body - Report No 380, October 2016

Case No 2763 (Venezuela (Bolivarian Republic of)) - Complaint date: 22-FEB-10 - Follow-up

Effect given to the recommendations of the Committee and the Governing Body

1. 77. The Committee last examined this case at its March 2013 meeting, when it made the following recommendations [see 367th Report, para. 1294]:
   • (a) Bearing in mind the considerable delay in the negotiation process, the Committee expects the collective agreement between SUNEP-CVG and the Corporación Venezolana de Guayana to be signed as soon as possible and once again requests the Government to keep it informed of developments without delay.
   • (b) Regarding the alleged (provisional) arrest and criminal prosecution of SUTRA-CVG union officials Ronald González and Carlos Quijada and of trade unionists Adonis Rangel Centeno, Elvis Lorán Azocar and Darwin López, the Committee urges the Government once again to draw the judicial authority’s attention without delay to the need for it to take duly into account the fact that the trade unionists concerned were engaged in a peaceful demonstration to demand compliance with the collective agreement, and requests the Government to communicate to it without delay the sentence that is handed down.
   • (c) Regarding the alleged criminal prosecution of SUTISS-Bolívar union leaders (Juan Antonio Valor, Leonel Grisett and Jhoel José Ruiz Hernández) and the criminal prosecution of employees of Camila CA in 2006 (Richard Alonso Díaz, Osmel José Ramírez Malavé, Julio César Soler, Agdatamir Antonio Rivas, Luis Arturo Alzota Bermúdez, Argenis Godofredo Gómez and Bruno Epitafio López), the Committee requests the Government to communicate to it without delay the sentence handed down on the said union leaders and employees and, bearing in mind that the incidents date back to 2006 and that the trade unionists involved are required periodically to present themselves before the judicial authority, trusts that the sentence will be handed down very soon. The Committee recalls that a delay in the administration of justice is tantamount to a denial of justice.
   • (d) Regarding the alleged brutal repression by the national guard and police of the State of Bolívar of a gathering of steelworkers from Ternium-Sidor who were demanding improvements to the collective agreement under negotiation, which resulted in injuries to several people, dozens of criminal prosecutions and the destruction by the authorities of 32 vehicles belonging to the workers (according to the Government, a group of some 80 workers was blocking the traffic with private vehicles, burning tyres and throwing heavy objects at members of the national guard unit, injuring several officers), the Committee takes note that the judicial authority ordered the unconditional release of the workers who had been charged and again requests the Government to conduct an inquiry without delay into the allegations that the police used excessive force and caused serious injuries and damage to property.
   • (e) The Committee regrets once again the delay in the criminal proceedings brought against the trade union leader Mr Rubén González (which have resulted in repeated restrictions of his free movement) and requests the Government to provide it with a copy of the judgment that is handed down after the initial sentence was declared null and void by the Supreme Court of Justice because it lacked sufficient grounds. Finally, the Committee reiterates the recommendation it made when it first examined the case, considering that the charges against Ruben González do not justify his preventive detention or house arrest for years prior to the present interim measures, and requests the Government that he be compensated for the damages suffered.
2. 78. The Committee notes a communication dated 18 May 2013 signed by many organizations expressing their support for the complaint presented by the Venezuelan Corporation of Guyana (SUNEP–CVG).
3. 79. In its communication dated 8 October 2013, the Government informs the Committee that the criminal prosecution of SUTRA–CVG trade union leaders, Ronald González and Carlos Quijada, and trade unionists, Adonis Rangel Centeno, Elvis Lorán Azocar and Darwin López, is at the preparatory stage, where the necessary and relevant steps are being carried out in order for the final report to be issued (the Committee recalls that the said defendants, who are not incarcerated, were charged with unlawful association and restricting freedom of work). The Committee regrets that to date the Government has not been able to provide information that a judgment has been handed down in relation to those trade unionists despite the time that has elapsed. Further, the Committee recalls that in its previous examination of the case, it urged the Government to draw the judicial authority’s attention without delay to the need for it to take duly into account the fact that the trade unionists concerned were engaged in a peaceful demonstration to demand compliance with the collective agreement. The Committee reiterates the conclusions it reached when it previously examined the case and requests the Government to communicate without delay the judgment handed down in relation to those trade unionists.
4. 80. Regarding the criminal prosecution of trade union leaders and trade unionists from SUTISS– Bolívar, Juan Antonio Valor, Leonel Grisett and Jhoel José Ruiz Hernández, and of workers of the Camila CA enterprise, Richard Alonso Díaz, Osmel José Ramírez Malavé, Julio César Soler, Agdatamir Antonio Rivas, Luis Arturo Alzota Bermúdez, Argenis Godofredo Gómez and Bruno Epitafio López in 2006, the Government reports that the Second Attorney-General’s Office of the Second Judicial Circuit of Bolívar State and the 59th Attorney-General’s Office at the national level with full competence submitted charges and that the public oral hearing was scheduled for 13 October 2013 (the Committee recalls that the defendants, who are not incarcerated, were charged with second-degree misappropriation of funds, restricting freedom of work and taking the law into their own hands). The Committee regrets that to date the Government has not sent any up-to-date information on the proceedings concerning the facts dating from 2006. The Committee once again requests the Government to provide without delay information on the decision handed down in relation to the said trade unionists.
5. 81. The Committee recalls that, in its previous examinations of the case, it had requested that the Government carry out an investigation into the allegation that the police used excessive force on 14 March 2008 against a gathering of steelworkers from Ternium–Sidor who were calling for improvements to the collective bargaining, which allegedly resulted in serious injuries and property damage (according to the allegations, the authorities destroyed 32 vehicles). The Committee notes that the Government states that no criminal investigation was ever launched because the Public Prosecutor’s Office was never informed of those facts. The Committee invites the complainant to provide information to allow the Government to carry out an impartial investigation into the facts and to specify, in particular, whether the instances of serious injury and property damage were reported to the police.
6. 82. In its communication dated 15 May 2014, the Government reports that, on 23 April 2014, the 24th Court of Justice of the Metropolitan Area of Caracas handed down a final judgment which acquitted trade union leader Rubén González. The Government also reports that while the legal proceedings were in progress, González enjoyed full trade union rights, freely participated in the General Workers Union of Ferrominera Orinoco (SINTRAFERROMINERA) trade union elections, in which he was elected as the general secretary, and represented his trade union in discussions regarding the collective labour agreement. The Committee requests the Government to supply a copy of the said judgment and to provide information on whether the trade union leader Rubén González has been compensated for the damages he suffered during the preventive detention and house arrest to which he had been subject since September 2009.
7. 83. Finally, the Committee regrets that the Government has not provided information on the negotiation process between the trade union SUNET–CVG and la Corporación Venezolana de Guayana, and requests the Government once again to keep it informed on the matter.