219. The Committee already examined these cases at several of its sessions, most recently in February 1980, when it submitted an interim report to the Governing Body. Since then, observations have been received from the Government in communications dated 18 April, 5 May and 22 September 1981.
- 219. The Committee already examined these cases at several of its sessions, most recently in February 1980, when it submitted an interim report to the Governing Body. Since then, observations have been received from the Government in communications dated 18 April, 5 May and 22 September 1981.
- 220. Honduras has ratified the Freedom of Association and Protection of the Eight to Organise Convention, 1948 (No. 87), and the Right to organise and Collective Bargaining Convention, 1949 (No. 98).
A. Previous examination of the case
A. Previous examination of the case
- 221. The dispute arose in the Bemis Handal textile plant in San Pedro Saul as a result of a collective bargaining disagreement. A strike followed on 6 March 1979 and the workers occupied the plant. According to the complainants, when the workers had locked themselves in the authorities called in the police to break up the strike who, using firearms and tear gas, set fire to the plant and caused the death of several workers.
- 222. The complainants alleged that the authorities arrested numerous workers, claiming that the trade union leaders were responsible for the fire. Also, in a letter dated 26 July 1979 the WFTU supplied a list of 12 trade unionists and 3 professors who had allegedly been arrested for organising the strike at the Bemis Handal plant.
- 223. The Government replied that the fire was deliberately started by the occupants with the intention of destroying the plant. It stated that the investigation concerning the fire led to the remand in custody of 11 persons on the order of the criminal judge for the purpose of his inquiry, 4 of whom were subsequently released on bail. The other persons under investigation were still detained in San Pedro Sula. The Government also confirmed the death of one worker, which it stated had bean caused by a .22 calibre weapon not used by the police force. It added that a judicial inquiry was under way.
- 224. According to this information, the only persons still held in custody pending trial were Hector Hernández, José A. Espinoza, Rigoberto Gutiérrez, Edwin Salmón Cañas, Oscar Enamorado and Téofilo Castro.
- 225. At its March 1980 Session, the Governing Body, on the recommendation of the Committee, requested the Government to provide the texts of the judgements and transmit its observations concerning the alleged detention of five trade unionists, namely, Juan Emilio Oliva, Alejandro Vallecillo, Herminio Deras, Pedro Brizuela and Victor Sabillon, listed in the WFTU's complaint and about whom no information had been supplied by the Government.
B. Additional information supplied by the Government
B. Additional information supplied by the Government
- 226. In a telegram of 18 April 1980, confirmed by a letter of 5 May 1980, the Government replied that Juan Emilio Oliva, Alejandro Vallecillo, Herminio Deras, Pedro Brizuela and Victor Sabillon are no longer in prison. Pedro Brizuela, Herminio Deras and Juan Emilio Oliva have been released, no judicial or police procedure having been brought against them for reasons of health, Victor Sabillon Fernández, a lawyer suspected of intellectual participation in the events, was never detained and has been able to continue his practice.
- 227. The Government explains that the proceedings, because of the voluminous and complex nature of the case, are not yet concluded. It states that the persons still in prison have appointed their lawyers and that the judgement will take place according to law and older the Constitutional safeguards. In a telegram of 22 September, the Government announced that on 19 September 1980 Messrs. Hernández Morales, Salmon Cañas, Enamorado, Gutiérrez, Vallecillo and Castro have been released.
C. The Committee's conclusions
C. The Committee's conclusions
- 228. With regard to the findings of the inquiry into the death of ore worker and the fire at the Bemis Handal plant, the Committee takes note of the Government's statement that seven persons who had been remanded in custody on the order of the criminal court were released on 19 September 1980, four have been released on bail, no action has been brought against three and one was not detained and was able to continue his activities. The Committee notes however that José A. Espinoza has not yet been released and has not been tried.
- 229. While taking note of the information supplied by the Government, the Committee recalls that trade union leaders were detained without trial since March 1979, and that one of them is still in detection. In this correction, the Committee points out, as it has done on a number of previous occasions, that in all cases in which trade union leaders are held in custody without trial, these measures may involves a serious interference with the exercise of trade union rights, and the Committee has always emphasised the right of all detained persons to receive a fair trial at the earliest possible moment. Holding persons indefinitely in custody without trial on account of tea difficulty of securing evidence is a practice which involves the inherent danger of abuse and is subject to criticism.
The Committee's recommendations
The Committee's recommendations
- 230. In these circumstances, the Committee recommends the Governing Body:
- (i) as regards the remand in custody since March 1979 of José A. Espinoza, to draw the attention of the Government to the principles and considerations set forth by the Committee in the previous paragraph, especially the fact that such detention may involve a serious interference with the exercise of trade union rights;
- (ii) as regards the findings of the inquiry into the death of one worker and the fire at the Bemis Handal plant, to request the Government to provide the texts of the judgements and the reasons adduced therefore, as soon as the judgements have been delivered.
