Informe provisional - Informe núm. 241, Noviembre 1985

Caso núm. 1309 (Chile) - Fecha de presentación de la queja:: 03-OCT-84 - Cerrado

1. 750. The Committee examined this case at its February and May 1985 meetings, when it presented interim reports to the Governing Body. (See 238th Report, paras. 330 to 364 and 239th Report, paras. 298 to 340, approved respectively by the Governing Body at its 229th and 230th Sessions (February-March and May 1985).)
2. 751. Since then, the ILO has received the following communications from the complainants: International Confederation of Free Trade Unions (ICFTU): 22 May 1985, 4 and 31 July 1985, 9 and 22 August 1985, 9, 24, 25 and 27 September and 7 October 1985; National Confederation of Workers' Trade Unions in Building, Wood, Building Materials and Related Activities: 15 May 1985; National Trade Union Co-ordinating Body (CNS): 23 May 1985; World Confederation of Organisations of the Teaching Profession (WCOTP): 30 May, 1 and 15 October 1985; the National Grouping of Workers: 3 June 1985; the World Confederation of Labour (WCL): 5 June 1985 and 3 October 1985; World Federation of Trade Unions (WFTU): 8 July 1985, 8 and 21 August 1985; Works Unions Nos. 1 and 6 of El Salvador and No. 8 of Sewell y Minas of the National Copper Corporation of Chile: 31 July 1985; Trade Unions International of Workers in the Metal Industry: 20 September 1985. The Government, for its part, furnished its observations in communications dated 8, 15 and 29 August, 11 September and 16 October 1985.
3. 752. 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. Previous examination of the case

1. 753. The complaints presented in the present case concerned a number of events that had taken place in Chile since September 1984. The allegations referred to the intervention of the forces of order on the occasion of the Protest Day held on 4 September 1984, which is said to have resulted in the death of ten persons, many injuries and over 1,000 arrests. The complainants referred in particular to the case of Juan Antonio Aguirre Ballesteros, who, they said, had been arrested and tortured and whose body had been subsequently found. In this connection, the Government indicated that inquiries were being carried out by the competent criminal courts.
2. 754. It appeared, in the light of the allegations made, that the headquarters of certain trade union organisations (in particular the Confederation of Building Workers, the Professional Association of Teachers of Chile (AGECH) and the Chilectra trade union) had been attacked by the police and that material had been destroyed, documentation confiscated and trade unionists arrested. The Government denied that it had given orders for the trade union premises in question to be searched. Furthermore, on the day following the attack on the AGECH premises, Messrs. Manuel Guerrero, President of the metropolitan sector of this organisation and José Manuel Parada, an official of the Vicariat of Solidarity, were kidnapped in the street. Their bodies were subsequently found horribly mutilated. The Government stated that a judicial inquiry had been opened.
3. 755. The complainants also referred to numerous arrests and the banishment of trade unionists. According to the Government, some of these trade unionists had not been arrested, others had been released and the reasons for the banishments were not related to trade union activities.
4. 756. Finally, the Committee was informed of allegations concerning infringements of the exercise of the right to hold meetings, in particular taken against a works union of the National Copper Corporation. The Government had not replied to this allegation.
5. 757. At its meeting of May-June 1985, the Governing Body approved the following conclusions of the Committee:
   • a) The Committee expresses its deep concern at the difficulties facing a large number of Chilean trade union organisations and their leaders. It considers that the Government should urgently take every measure necessary to put an end to this climate of violence; this implies that respect for the human rights essential for the development of trade union activities be guaranteed.
   • (b) As regards the deaths which took place during the National Protest Day of 4 September 1984, the Committee requests the Government to supply information on developments in the inquiry opened into this matter and on its eventual results.
   • (c) As regards the death of Messrs. Aguirre, Guerrero and Parada, the Committee expresses the firm hope that the inquiries under way in these matters will lead to the rapid determination of responsibilities; it requests the Government to continue to supply information on these inquiries.
   • (d) As regards the attacks on trade union premises, the Committee deplores the fact that such acts have again been committed against trade union organisations. It notes that the Government denies having ordered searches of these premises and requests the Government to order that inquiries be undertaken with a view to finding the perpetrators of these acts which call for severe measures by the authorities against those found responsible. It requests the Government to supply information on any inquiries which have been carried out in this regard.
   • (e) As regards the arrest and banishment of trade unionists, the Committee notes the information supplied by the Government, in particular, that some persons were not arrested and that others are free. It considers that the accumulation of these banishment measures considerably weakens trade union organisations by depriving them of their leaders and hindering their activities. It requests the Government to supply information on the situation of the persons - listed in the Annex - concerning whom it has not yet replied and on the concrete acts which were the basis for the measures taken against them.
   • (f) As regards the obstacles to the right of assembly, the Committee notes with regret that the Government has not lifted them. It requests the Government to supply its observations on the allegations presented by the Works Union No. 6 of the National Copper Corporation.

B. New allegations

1. 758. In its communication of 22 May 1985, the ICFTU refers to a letter which was sent to it on 7 May 1985 by the Confederation of Copper Workers. The latter organisation alleges that on 27 April 1985, the homes of several of the leaders of the El Salvador trade union were searched in Diego de Amalgro when these persons were attending the National Congress of the Confederation.
2. 759. On 1 May 1985, a leader of the same trade union was summoned to the carabineers' headquarters of El Salvador. On the same day, several leaders of the Andean zone trade union were arrested and held for several hours for having organised an athletics competition in the streets of Villa Minera Andina to celebrate the 1st of May, despite the fact that they had been granted authorisation to hold the event.
3. 760. On 3 May 1985, Mr. Raúl Montecinos, leader of the Diego de Amalgro zone and national leader of the Confederation, was allegedly arrested and then transferred to the town of Copiapó.
4. 761. The National Confederation of Worker' Trade Unions in Building, Wood, Building Materials and Related Activities and the National Grouping of Workers allege, in their communications of 15 May and 3 June 1985, that on 9 April 1985 the headquarters of the Building Confederation of Building Workers were illegally searched by a group of ten individuals armed with machine guns and whose faces were covered with balaclavas. This search, which was carried out without any legal warrant, involved the use of violence. The trade union leaders present were harassed, attacked and beaten. Furniture was broken and property taken away, including training materials and the archives of the Confederation. Several trade union leaders were threatened with death if they continued to exercise their activities.
5. 762. Shortly later the same day, the complainant organisation alleges that officials of the carabineers appeared at the headquarters of the Confederation and interrogated the trade union leaders Figueroa Jorquera, Bustamante Garci and Alvarez, who were then taken to the police station and once again interrogated.
6. 763. Furthermore, according to the complainant organisation, during the months of March, April and May 1985, several of its leaders were frequently followed, threatened or harassed. Since 9 April, carabineers have been controlling the entrance to the trade union headquarters and sometimes prevent trade union leaders and members from entering.
7. 764. Given these circumstances, the Confederation lodged complaints and appeals for protection with the courts. It appears from these court proceedings that the staff of the National Information Centre, the carabineers of Chile and the civil investigation department of the police did not participate in the search carried out in the premises of the Confederation and that no warrant had been issued for the arrest of trade union leaders.
8. 765. The complainant organisation adds that on 15 April 1985, the Minister of the Interior brought legal proceedings against four of its leaders, namely, Sergio Troncoso, José E. Rivera, José Manuel Bustamante and José Figueroa, for having violated the State Security Act, and in support of the case presented the documentation which had been seized during the paramilitary operation of 9 April carried out against the trade union headquarters. According to the complainant organisation, the links between the authorities and the group in question are thus clearly proven.
9. 766. In its communication of 23 May 1985, the CNS mentions the banishment of several trade union leaders (see Annex), some of whom have been allegedly interned in a camp, at Conchi, in the north of the country.
10. 767. The WCOTP also mentions, in its communication of 30 May 1985, several instances of the banishment of trade unionists in the teaching profession (whose names had already been communicated to the Committee), as well as the dismissal of several members and leaders of the Professional Association of Teachers of Chile (AGECH): Alban Mancilla, Orlando Aguilar, Luis Maldonado, Carlos Trujillo, Nelson Torres, all of whom are leaders or former leaders of the Castro Community Council, as well as Juan Ruiz, President of the Provincial Council of Puerto Montt.
11. 768. In its communication of 4 July 1985, the ICFTU mentions the situation of Siergo Aguirre, President of the Union of Port Workers of San Antonio, who was dismissed from the civil service by a Supreme Decree after he had been banished.
12. 769. The ICFTU also refers to the proceedings brought against four leaders of the Confederation of Building Workers. During the proceedings, Manuel Bustos, President of the CNS, was called upon to give evidence and, during the interrogation by the examining magistrate, the latter ordered his arrest. He was taken to the former public prison and locked up in a cell without any light. For three days he was given no water or food. He was released following the unanimous decision of the Eighth Chamber of the Court of Appeal. Three days after the release of Manuel Bustos, the four leaders of the Confederation of Building Workers were released on bail.
13. 770. The National Grouping of Workers and the WCL also mention, in their communications of 3 and 5 June 1985, the arrest of Manuel Bustos.
14. 771. In its communication of 8 July 1985, the WFTU refers to the case of Pedro Aroya Díaz Valdez, President of the Union of Professional and Technical Pilots, who was dismissed in 1984 because of his trade union activities. Furthermore, his organisation has been virtually destroyed. All his attempts to be reinstated in his work have been unsuccessful.
15. 772. Works Unions Nos. 1 and 6 of El Salvador and No. 8 of Sewell y Minas of the National Copper Corporation as well as the ICFTU, in their communications of 31 July 1985, refer to the dismissal of Rodolfo Seguel, President of the National Copper Confederation. This measure was endorsed by the Supreme Court following an appeal presented by Mr. Seguel. According to the complainants, the effective inexistence of any protection of trade union leaders prevents the exercise of trade union mandates and jeopardises the autonomy of the trade union movement. Subsequently, the WFTU and the ICFTU sent, in their communications of 21 and 22 August 1985, the text of the judgement issued by the Supreme Court in this matter.
16. 773. In their communications dated 8 and 9 August 1985, the WFTU and the ICFTU protest against the arrest of trade union leaders including Sergio Troncoso, President of the Confederation of Building Workers, and Juan Ponce who were subsequently banished to Melinka in the far south of the country.
17. 774. The ICFTU points out, in its telegram of 9 September 1985, that a demonstration which had been called by the National Grouping of Workers (CNT) on 4 September 1984 was violently repressed. According to the ICFTU, ten persons were killed and hundreds were arrested. Charges were brought against several leaders of the CNT and, in particular, against Rodolfo Seguel, Manuel Bustos, José Ruiz di Giorgio and Sergio Troncoso. Subsequently, in communications dated 24 and 27 September and 3 October 1985, the ICFTU and the WCL point out that following a decision by three judges of the Supreme Court, a warrant was issued for the arrest of Rodolfo Seguel and Manuel Bustos who were imprisoned. José Ruiz di Giorgio, President of the Union of Petroleum Workers, Maria Rozas and Mercedes Jerez, leaders of the Professional Association of Teachers of Chile (AGECH), have also been arrested. The Trade Unions International of Workers in the Metal Industry also mentions the arrest and banishment of Claudio Gallardo, leader of the Confederation of Unions of Metallurgical Workers (CONSTRAMET). The WCOTP, for its part, alleges in its communication of 1 October 1985 that four national leaders of the AGECH were arrested on 30 September. They are Jorge Paveg, President; Samuel Bello, Treasurer; Luis Campo Leal and Carlos Poblete Avile, members of the National Executive Committee.
18. 775. In its communication of 25 September 1985 the ICFTU supplies further details concerning the measures taken by the authorities following the demonstration of 4 September. According to the ICFTU, the purpose of this demonstration was to demand a reply from the Government to the "list of petitions and claims" of the workers adopted in August by the National Assembly of Leaders of the National Grouping of Workers. The Government allegedly responded to this Day of Protest by the arrest of 87 leaders of student, trade union and political organisations, including 13 leaders of the National Grouping of Workers and l7 leaders of the Professional Association of Teachers of Chile. Furthermore, 63 other persons were allegedly held in administrative detention for a period of 2O days. In the same way, more than 5OO persons were allegedly arrested throughout the country during demonstrations. They were brought before the local police courts and accused of having instigated acts of disorder on the public thoroughfare.
19. 776. In its communication of 7 October 1985, the ICFTU states that Manuel Bustos, Rodolfo Seguel and José Ruiz di Giorgio are still being held in detention. Seven other trade union leaders have allegedly been arrested and taken to Santiago prison (see Annex). The WCOTP refers in its communication of 15 October 1985 to the arrest of four AGECH leaders and states that, according to the organisers of the 4 September demonstration, acts of provocation had occurred. According to the WCOTP, it was observed that occupants of an unmarked car fired shots which apparently caused deaths and injuries.

C. Replies of the Government

1. 777. Before replying to the specific allegations made in the present case, the Government, in its communication of 11 September 1985, makes some general comments on freedom of association in Chile. It mentions, in particular, the current provisions regarding the acquisition of legal personality, the drafting of constitutions, the right to elect leaders, dissolution through the courts, the establishment of federations and confederations, affiliation to international organisations, trade union law and employment as well as trade union autonomy. After an examination of these various provisions, the Government concludes that in its view the national legislation embodies a strict application of the provisions of Conventions Nos. 87 and 98, although these instruments have not been ratified by Chile.
2. 778. As regards civil liberties, the Government points out that although it believes that the political situation of the country goes beyond the subjects which should be dealt with by the Committee of Freedom of Association, the political Constitution of the Republic was adopted in 1980 by 67 per cent of the voters and that it establishes, after a period of transition, the full respect of the democratic system. The Government adds that because of experiences which have occurred in the country and the escalation in terrorism, which is affecting all the peoples of Latin America, the Constitution makes provision for exceptional measures to guarantee social peace in the country. These mechanisms include the state of seige when there is a situation of "internal shock" in the country. It was in virtue of this provision that the state of seige was proclaimed between 7 November 1984 and 17 June 1985. However, the Government points out that with a view to protecting freedom of association, Supreme Decree No. 1216 was adopted; it establishes regulations concerning the right of assembly and does not require any authorisation, but simply an advance notice of five days, for the holding of meetings by organisations endowed with legal personality in their own premises.
3. 779. As regards the inquiry by a special judge into the disappearance and death of Mr. Antonio Aguirre Ballesteros, the Government points out that the legal proceedings are at the investigatory stage. In accordance with the Code of Penal Procedure, in force since 1907, this stage of the proceedings is carried out in secret.
4. 780. With regard to the inquiry into the death of Messrs. José Manuel Parada, Manuel Guerrero and Santiago Natina, the Government also points out that the legal proceedings are at the investigatory stage. The examining magistrate has indicted two former police officers on the charge of having "falsified public documents".
5. 781. With regard to the allegations concerning the attack against the premises of the National Democratic Development Project (PRODEN), the Government states, in its communication of 8 August 1985, that this body is a public company set up in accordance with the provisions of the Civil Code governing company contracts. The leaders of this company are former deputies of Congress and the premises which house its headquarters are not trade union premises. The police categorically reject the allegation that they entered these premises.
6. 782. As regards the events which occurred in the headquarters of the Confederation of Building Workers, the Government explains in its communication of 11 September 1985 that on the day of the attack the carabineers of the Fourth Station went to the premises of the Confederation in order to investigate the offences committed. The carabineers found 20,000 political pamphlets of a subversive nature as well as abundant propaganda and material in support of doctrines which advocate the use of violence. The Minister of the Interior instructed the courts to carry out an inquiry and punish the guilty parties. Following this inquiry, the examining magistrate indicted Messrs. Troncoso, Figueroa, Rivera and Bustamante on charges of having infringed section 4(f) of the State Security Act (which punishes those persons who disseminate doctrines designed to destroy the republican and democratic form of the Government) and ordered their detention.
7. 783. During the inquiry, the magistrate called Mr. Manuel Bustos as a witness and subsequently ordered his arrest, after interrogation, as a preventive measure in accordance with the powers conferred on him by the Code of Penal Procedure. Following an appeal for protection by his counsel, Mr. Bustos was released on the instructions of the Appeal Court of Santiago. Furthermore, the examining magistrate accepted a request for bail by the four leaders of the Confederation. This measure was approved on 7 June 1985 by the Appeal Court of Santiago. Subsequently, on 22 July 1985, the examining magistrate ordered the dismissal of the charges against the accused, thus putting an end to the proceedings, since there was insufficient evidence to bring charges against certain persons. The matter is therefore closed.
8. 784. As regards the allegations concerning the arrests made after a search was carried out of the premises of the Chilectra trade union, the Government explains that a clandestine meeting had been held on these premises of political parties which had been declared illegal because of their support of terrorism. The purpose of this meeting was to pay homage to the Socialist Party of Chile and its founder. The participants included persons from outside the Chilectra trade union and the Chilean electricity undertaking and had no relation, even of an indirect nature, with trade union activities. The persons arrested were released after their identity had been verified. Messrs. Victor Hugo Gac and Eugenio Madrid Salgado were banished to Chaiten for a period of three months and Mr. Manuel Dinamarca to Ciudad de Palena for the same period. At the present time, these persons are free to move throughout the country, since their banishment has terminated.
9. 785. As regards the events which occurred at Villa Minera Andina on 1 May 1985, the Government points out that each year the workers of this town celebrate the labour day holiday by organising in particular a religious ceremony, a football championship and athletic events in the streets of the town. The Government adds that because of police regulations, prior authorisation must be requested to hold such events in the public thoroughfare. However, the athletic event was held in the streets without such authorisation. There was a traffic accident in which several persons were injured. The police officer who made the report arrested the person apparently responsible for the accident, Mr. Arturo Uribe, director of one of the organising trade unions. Other trade union leaders accompanied him to the police station. Subsequently, the Chief of Police ordered the immediate release of all persons detained. The Government states that another person mentioned by the complainants, Mr. Raúl Montecinos, is free and that it has no information on the alleged searches carried out in the homes of trade union leaders.
10. 786. Furthermore, the Government provides information on the persons mentioned as having been arrested and banished in the Committee's 239th Report (see Annex). The Government points out that the banishments in question were ordered by virtue of the powers vested in Head of State by the Constitution during the state of siege. On 17 June 1985 the state of siege which had been in force since 7 November 1984 was lifted. Under the Constitution, the period of banishment may not exceed 90 days. The events which led to these measures were participation in clandestine activities of partisan politics which had no relation to trade union activities. At no moment, the Government points out, did it attempt to weaken the trade union movement by depriving it of its leaders or hindering its activities. In conclusion, on this point the Government believes that the information supplied shows that there has never been an atmosphere of violence against the trade unions. It does not share the opinion expressed in the conclusions of the Committee because the latter has generalised cases of an exceptional nature and has erroneously equated violent acts with trade union activities.
11. 787. As regards the allegations concerning the right of assembly, the Government reaffirms that during the state of siege, meetings of trade union organisations endowed with legal personality may take place in their own premises without prior authorisation, provided that an advance notice of five days is given to the office of the provincial governor. On 17 June 1985 the state of siege was lifted and replaced by a state of emergency for a period of 90 days, because of the existence of internal danger to national security. The Directorate of the zone declared to be in a state of emergency in the metropolitan region and the Province of San Antonio passed a decree establishing that meetings of organisations endowed with legal personality, assemblies for the establishment of trade unions and federations, as well as meetings organised in the exercise of the rights of workers and of legally recognised trade unions do not require authorisation, provided that they are held in the premises of the organisation and that their exclusive purpose is to examine matters considered under the legislation relevant to their objectives.
12. 788. Concerning the allegation regarding the prohibition of a meeting of Works' Union No. 6 of CODELCO, El Salvador Division, the Government points out, in its communication of 29 August 1985, that reasons of internal security obliged the authorities to suspend the right of assembly during these days. This exceptional situation did in no way paralyse trade union activity since during this period eight trade union meetings were held in the second fortnight of March by the trade unions of the El Salvador Division as well as elections by the complainant organisation on 2 July 1985. An appeal for protection was lodged with the Appeal Court of Copiapó and was rejected.
13. 789. As regards the situation of Mr. Pedro Araya, leader of the National Trade Union of Professional Pilots and Technicians of the Lan-Chile company, the Government states, in its communication of 11 September 1985, that this trade union changed its executive on 6 and 13 September 1984; only three persons out of a total of 18 members participated in the vote. The undertaking then asked the Appeal Court of Santiago to dissolve the trade union under section 52(d) of Legislative Decree No. 2756 respecting trade union organisations, which makes provision for a minimum number of members (for works unions 25 members, representing at least 10 per cent of all the workers in the undertaking). On 23 November 1984, the Appeal Court declared the trade union dissolved. Following an appeal by the union executive to the Supreme Court, the latter confirmed the initial ruling. On 30 April 1985, before the Labour Inspectorate of Maipú, Mr. Pedro Araya, signed an end-of-service receipt and received compensation equivalent to US$31,000.
14. 790. As regards the situation of Mr. Rodolfo Seguel, the Government states, in its communication of 15 August 1985, that he was dismissed from the CODELCO undertaking on 12 July 1983 for reasons which are covered by section 15, Nos. 3 and 4 of Legislative Decree No. 2200, in relation with the State Security Act No. 12927 of 1958, namely numerous acts likely to cause and promote work stoppages in the El Teniente Division as well as other unlawful acts. Mr. Seguel's defence counsel subsequently asked the Second Civil Court of Rancagua to revoke the dismissal. On l2 March 1984, the court rejected the appeal and thus confirmed the dismissal. Following an appeal lodged by Mr. Seguel's counsel, on 28 June 1984, the Appeal Court of Rancagua annulled the ruling of the court of first instance. The CODELCO undertaking then lodged an "appeal of complaint" with the Supreme Court which, on l8 July 1985, confirmed the ruling issued by the court of first instance. Following a further appeal for "re-examination" lodged by Mr. Seguel's counsel, the Supreme Court, in a unanimous decision of the members of the competent chamber, confirmed the dismissal. The Government points out that it was thus as a result of a decision by the judicial authorities and not the Government that Mr. Seguel was disqualified from exercising the trade union functions which he had held.
15. 791. The Government points out in this connection that the statutes of the Confederation of Copper Workers stipulate, in article 21, that the loss of the status of leader of an affiliated trade union entails the loss of the status as member of the Executive Council of the Confederation. Furthermore, the statutes of the first level trade union stipulate that in order to be a trade union leader a worker must be employed in the undertaking. Despite his dismissal, Mr. Seguel had been leader of the Caletones occupational trade union, No. 1 of the El Teniente Division.
16. 792. The Government points out that Mr. Seguel may not exercise trade union functions in the Confederation of Copper Workers pursuant to the statutes which the workers themselves have established. On the basis of several principles of the Committee on Freedom of Association in this respect, the Government believes that the proceedings have respected freedom of association. In the Annex to its communication the Government includes the judgements of the courts of first and second instance as well as the final decision of the Supreme Court.
17. 793. As regards the allegations concerning the arrest of Mr. Sergio Troncoso, the Government points out that this person was arrested for encouraging disorder and incidents in the street. He was banished to Melinka on 6 August 1985 and then transferred to Puerto Cisnes on 22 August. The Government adds that the other person mentioned by the complainants, Mr. Juan Ponce, has not been arrested or banished.
18. 794. As regards the events which took place during the demonstration of 4 September 1985, the Government states in its communication of 16 October 1985 that the Ministry of the Interior has requested the courts to determine the responsibility of the instigators, organisers and promoters of this protest day as well as that of the participants. The Santiago Court has indicted Messrs. Seguel and Bustos on charges of violations of several provisions of the State Security Act (meetings aimed at the overthrow of the Government or at conspiracy against its stability; calling of public meetings in public places without authorisation or liable to disturb public order; inciting the interruption of collective suspension of or strikes in public services or public utilities which involve disturbances of public order or in these services). The Court held Messrs. Seguel and Bustos to be repeated offenders. Following an appeal by their defence counsel, the Supreme Court unanimously confirmed the decision of the Court of First Instance. The four AGECH leaders were also arrested for their participation in the demonstration of 4 September 1985. According to the Government, this day of protest led to ten deaths, the serious wounding of 18 police officers, over 100 injured persons, damage amounting to 100 million pesos caused by violent acts and serious damage to public property. The judicial proceedings instituted against the responsible parties is at present continuing.

D. The Committee's conclusions

1. 795. The Committee has taken note of the detailed replies furnished by the Government concerning the various aspects of this case. It has also noted the general comments made by the Government concerning the trade union situation in Chile. Although it shares the opinion of the Government that political questions do not fall within its sphere of competence, the Committee must stress the importance of the principle affirmed in 1970 by the International Labour Conference in its resolution concerning trade union rights and their relation to civil liberties that "the rights conferred upon workers' and employers' organisations must be based on respect for those civil liberties which have been enunciated in particular in the Universal Declaration of Human Rights and in the International Covenant on Civil and Political Rights and that the absence of these civil liberties removes all meaning from the concept of trade union rights". The Committee therefore believes that it is empowered, within the terms of its mandate, to examine to what extent the exercise of trade union rights may be affected in cases which allege the infringement of civil liberties.
2. 796. As regards the inquiries carried out into the deaths of Messrs. Aguirre, Parada, Guerrero and Natina, the Committee notes that the proceedings are still at the investigatory stage and that in the case concerning the three last mentioned persons, charges have been brought against two former police officers. The Committee, while observing the excessive duration of these investigations, expresses its firm hope that they will be completed very soon and will result in the determination of responsibilities so that the guilty parties can be punished. The Committee requests the Government to keep it informed of any developments in these matters.
3. 797. As regards the attacks against trade union premises, the Committee notes that, according to the Government, the forces of order did not enter these premises except in the case of the Confederation of Building Workers where they made inquiries concering precisely the assault on the trade union headquarters which had taken place a few hours before. In these circumstances, the Committee can only stress the importance of protecting trade union premises and the need to shed light on these incidents which have occurred on several occasions. The Committee therefore urges the Government to initiate judicial inquiries into the matter so that the perpetrators of such acts, which are particularly prejudicial to the exercise of trade union rights, may be identified as soon as possible. It requests the Government to keep it informed in this respect.
4. 798. As regards the arrest and banishment of trade unionists, the Committee notes that the persons mentioned in the Annex to its previous report have regained their freedom of movement. It points out, however, that despite the lifting of the state of siege, several allegations refer to new arrests and banishments concerning which the Government has supplied certain information (see Annex). In the Committee's opinion the repeated application of measures of this type cannot but prove detrimental to labour relations in the country. The Committee therefore requests the Government, with a view to restoring a climate of social peace and normal trade union activity, to take the necessary measures to end these banishments as soon as possible. It requests the Government to keep it informed of all steps taken to this end.
5. 799. Furthermore, the Committee notes that several trade union leaders (Messrs. Troncoso, Fugueroa, Rivera, Bustamente and Bustos) have been either indicted or taken into custody and then released following the dropping of charges. In this respect the Committee must point out that the arrest by the authorities of trade unionists against whom no subsequent charges are brought may involve restrictions on freedom of association. Governments should take measures to ensure that the authorities concerned receive appropriate instructions to prevent the dangers involved for trade union activities by unjustified measures of arrest. (See, in this regard, 207th Report, Case No. 963 (Grenada), para. 229; 211th Report, Case No. 1025 (Haiti), para. 272.)
6. 800. The Committee has, furthermore, received more recent allegations concerning the indictment of several trade union leaders including Messrs. Seguel and Bustos, and of their arrest following a demonstration organised by the National Grouping of Workers. The Committee notes that, according to the Government, these measures were taken by the courts on the basis of offences committed under the State Security Act. It notes that among the provisions referred to by the courts is that concerning the organisation of strikes in public services which, in the present case, took place during the national day of protest. It recalls in this connection that trade union organisations should be able to have recourse to protest strikes with a view to defending the economic and social interests of their members. The Committee requests the Government to supply information on the outcome of the judicial proceedings under way against those responsible for and the organisers of the day of protest.
7. 801. As regards the right of assembly, the Committee has noted the explanation supplied by the Government concerning the prohibition of a meeting by Works Union No. 6 of CODELCO, El Salvador Division, and its statements concerning the new provisions adopted in this respect during the state of emergency. It notes in particular that under certain circumstances, no prior authorisation is required for trade union meetings held within the premises of the organisations. The Government does not, however, state whether the authorities must be notified of these meetings. In general, the Committee must once again point out that freedom of trade union assembly is one of the fundamental aspects of trade union rights and that the public authorities should refrain from any intervention likely to limit this right or impede its lawful exercise.
8. 802. The Committee has also been informed of several allegations concerning the dismissal of trade union leaders in the teaching, aviation, ports and mines sectors. The Government transmitted replies on the dismissal of Messrs. Pedro Araya, President of the Union of Professional and Technical Pilots, and Seguel, leader of the Confederation of Copper Workers. The Committee notes in particular that Mr. Pedro Araya accepted compensation for his dismissal after his trade union had been dissolved by the courts because of insufficient membership numbers. In this respect, the Committee recalls that it does not appear that sufficient protection against acts of anti-union discrimination is accorded by legislation which, in practice, enables employers, on condition that they pay the compensation prescribed by law for cases of unfair dismissal, to get rid of any worker when the true reason for dismissal is his trade union membership or activity. (See, for example, 211th Report, Case No. 1053 (Dominican Republic), para. 163.)
9. 803. As regards the case of Mr. Seguel, the Committee notes that this person was dismissed after judicial proceedings, according to the Government, for having carried out in particular acts to instigate or encourage work stoppages. In these circumstances, the Committee must observe that Mr. Seguel's dismissal was due to acts which he carried out in pursuance of his trade union responsibilities and that such a dismissal is therefore a measure of anti-union discrimination. This measure is all the more serious since under the legislation and statutes of the Confederation of Copper Workers, Mr. Seguel can no longer be empowered with a trade union mandate. When trade union leaders are dismissed for having exercised their right to strike, the Committee cannot but conclude that they have been punished for their trade union activities and are the subject of anti-union discrimination. The fact that a judicial authority intervenes in the dismissal procedure does not necessarily constitute, in the opinion of the Committee, a sufficient guarantee against acts of anti-union discrimination, since the powers of the judges in question are limited to ensuring that the national legislation has been correctly applied. Furthermore, the dismissal of a trade union leader is liable to infringe the freedom of action of his organisation and its right to elect its representatives in full freedom, and may even leave the way open for acts of interference by the employer. (See, for example, 147th Report, Case No. 667 (Sudan), para. 222.)
10. 804. The Committee notes furthermore that the Government has not replied concerning the dismissals of trade union leaders in the teaching sector (Messrs. Mancilla, Aguilar, Maldonado, Trujillo, Torres) and in the port sector (Mr. Aguirre). The Committee requests the Government to supply its observations in this respect.

The Committee's recommendations

1. 805. In these circumstances, the Committee recommends the Governing Body to approve the present interim report and, in particular, the following conclusions:
   • (a) The Committee notes that, since its last examination of this case, several matters which had been the subject of allegations before the Committee have not been dealt with by the administrative authorities, but have been placed before the judiciary.
   • (b) As regards the inquiries carried out into the death of Messrs. Aguirre, Parada, Guerrero and Natina, the Committee notes that proceedings are still at the investigatory stage. While observing the excessive duration of these investigations, it expresses the firm hope that these inquiries will be concluded rapidly and will result in the determination of responsibilities so that the guilty parties can be punished. The Committee requests the Government to keep it informed of developments in these matters.
   • (c) As regards the attacks against trade union premises, the Committee notes that, according to the Government, the forces of order did not enter these premises. The Committee stresses the importance of protecting trade union premises. It urges the Government to initiate judicial inquiries into the matter so that the responsible parties may be identified as soon as possible and requests the Government to keep it informed in this respect.
   • (d) As regards the arrest and banishment of trade unionists, the Committee notes that the persons mentioned in the Annex of its previous report have regained their freedom of movement. It observes, however, that despite the lifting of the state of siege, several allegations refer to new arrests and banishments concerning which the Government has supplied certain information. The Committee requests the Government, with a view to restoring social peace and normal trade union activities, to take the necessary measures to end these banishments as soon as possible. It also asks the Government to keep it informed of all steps taken to this end.
   • (e) As regards the indictment and preventive detention of trade union leaders, the Committee points out that the arrest by the authorities of trade unionists against whom no subsequent charges are brought may involve restrictions to freedom of association. The Government should take measures to ensure that the authorities concerned receive appropriate instructions to prevent the dangers involved for trade union activities by unjustified measures of arrest. The Committee reminds the Government that trade union organisations should be able to have recourse to protest strikes with a view to defending the economic and social interests of their members. It requests the Government to supply information on the outcome of the judicial proceedings under way against those responsible for and the organisers of the day of protest held on 4 September 1985.
   • (f) As regards the right of assembly, the Committee recalls in general that freedom of trade union assembly is one of the fundamental aspects of trade union rights and that the public authorities should refrain from any interference which is likely to limit this right or impede its lawful exercise.
   • (g) As regards the dismissals of trade union leaders, the Committee points out that the dismissal of a trade union leader is liable, by reason of the fact that dismissal causes him to lose his status as a trade union officer, to infringe the freedom of association of his organisation and its right to elect its representatives in full freedom and may even leave the way open for acts of interference by the employer. The Committee requests the Government to furnish its observations concerning the dismissals of trade union leaders in the teaching and port sectors.

Z. ANNEX

• LIST OF PERSONS MENTIONED BY THE COMPLAINANTS AS HAVING BEEN ARRESTED AND THE
• GOVERNMENTS'S REPLIES CONCERNING THEM
• ABARZUA Sergio
• Banishment ended in advance of scheduled date on 31 December 1984.
• AGUILAR Juan
• Banishment ended on 18 March 1985.
• ARANCIBIA Julio
• Banishment ended in advance of scheduled date on 24 January 1985.
• ARANCIBIA Miguel
• Banishment ended in advance of scheduled date on 13 May 1955.
• ARANCIBIA Oscar
• Banishment ended on 23 March 1985.
• ARAYA Jorge
• Banishment ended in advance of scheduled date on 17 January 1985.
• AREVALO Vladimir
• Banishment ended on 21 March 1985.
• BUSTAMANTE Manuel
• Charged with violation of the State Security Act. Released on bail. Case
• closed following the dismissal of charges.
• CASTRO Ricardo
• Banishment ended on 23 March 1985.
• CELEDON Luis
• No information concerning any arrest.
• COLOMA José
• Banishment ended on 23 March 1955.
• DEL RIO Rolando
• Banishment ended in advance of scheduled date on 10 February 1985.
• DINAMARCA Manuel
• Banishment ended on 30 July 1985.
• DINAMARCA Neftali
• Banishment ended on 1 March 1985.
• ELOY Oscar
• Banishment ended on 23 March 1985.
• ESCOBAR Vladimir
• Banishment ended in advance of scheduled date on 24 January 1985.
• ESTORGIO José
• Charged with violation of the State Security Act. Released on bail. Case
• closed following the dismissal of charges.
• FAUNDEZ Luis
• Banishment ended on 28 february 1985.
• FIGUEROA Luis
• Charged with violation of the State Security Act. Released on bail. Case
• closed following the dismissal of charges.
• FUENTES Adrián
• Banishment ended on 15 July 1985.
• FUENTESECA Douglas
• Banishment ended on 4 March 1985.
• GAC Victor Hugo
• Banishment ended on 30 July 1985.
• GARCIA Patricio
• No information concerning any arrest.
• GUTIERREZ Jorge
• Banishment ended on 26 February 1985.
• GUTIERREZ Luis
• Banishment ended on 23 March 1985.
• LEAL René
• Banishment ended on 25 February 1955.
• LILLO Pedro
• Banishment ended in advance of scheduled date on 24 January 1985.
• LOYOLA Eduardo
• No information concerning any arrest.
• MADRID Eugenio
• Banishment ended on 30 July 1985.
• MANRIQUEZ Victor
• Banishment ended in advance of scheduled date on 17 January 1985.
• MARILEO Domingo
• Banishment ended on 4 April 1985.
• MILLAN Hector
• Banishment ended on 28 february 1985.
• PILQUIL Manuel
• Banishment ended on 4 April 1955.
• SANTOS José
• Banishment ended on 4 April 1985.
• SIERRA de la FUENTE Benjamin
• Banishment ended on 23 March 1955.
• SOVAL Sergio
• No information concerning any arrest.
• SUAREZ Antonio
• Banishment ended in advance of scheduled date on 17 January 1985.
• TAPIA Lino
• Banishment ended on 23 March 1985.
• TRONCOSO Sergio
• Charged with violation of the State Security Act. Released on bail. Case
• closed after dismissal of charges. Subsequently banished to Melinka and then
• to Puerto Cisnes.
• VALENCIA Guillermo
• Banishment ended in advance of scheduled date on 17 January 1985.
• VALENZUELA José
• Banishment ended in advance of scheduled date on 24 January 1985.
• AGUIRRE Sergio
• Banishment ended in advance of scheduled date on 20 May 1985.
• ARCOS Humberto
• Banishment ended in advance of scheduled date on 17 January 1985.
• AVENDAÑO Enrique
• Banishment ended in advance of scheduled date on 17 January 1985.
• CANCINO Segundo
• Banishment ended in advance of scheduled date on 17 January 1985.
• CUETO Carlos
• Banishment ended on 29 June 1985.
• DIANTA Pablo
• Banishment ended on 29 June 1985.
• OLIVARES Sergio
• Banishment ended on 18 March 1985.
• OPAZO Carlos
• Banishment ended in advance of scheduled date on 17 January 1985.
• ORDENES Luis de Cruz
• Banishment ended on 29 June 1985.
• PEÑA Luis
• Banishment ended in advance of scheduled date on 17 January 1985.
• SANCHEZ Salatiel
• Banishment ended on 29 June 1985.
• ZAPATA Darió
• Banishment ended on 29 June 1985.
• MONTECINOS Raúl
• No information concerning any arrest.
• PONCE Juan
• Neither arrested nor banished.
• BUSTOS Manuel
• Charged and arrested for violation of the State Security Act.
• SEGUEL Rodolfo
• Charged and arresced for violation of the State Security Act.
• PAVEZ Jorge
• Arrested for participating in the demonstration on 4 September 1985.
• BELLO Samuel
• Arrested for participation in the demonstration of 4 September 1985.
• CAMPO Luis
• Arrested for participation in the demonstration of 4 September 1985.
• POBLETE Carlos
• Arrested for participation in the demonstration of 4 September 1985.
• LIST OF PERSONS MENTIONED BY THE COMPLAINANTS AS HAVING BEEN ARRESTED AND
• ALLEGATIONS CONCERNING THEM, ON WHICH THE GOVERNMENT HAS NOT YET SENT
• INFORMATION
• ARAYA Lorenzo
• President of the Autofagasta Building Worker's Trade Union, banished to Lago
• Verde.
• PIANTA Pablo
• Leader of the San Antonio Building Worker's Trade Union, banished to Toconao.
• RIVAS Abraham
• Treasurer of the Concepción Building Worker's Trade Union, banished to Sierra
• Gorda.
• DEIJ Antonio
• Secretary of the Concepción Building Worker's Trade Union, banished to Conchi.
• RUIZ di GIORGIO José
• President of the Petroleum Workers' Trade Union, arrested.
• ROZAS Maria
• AGECH leader, arrested.
• JEREZ Mercedes
• AGECH Leader, arrested.
• GALLARDO Claudio
• CONSTRAMET leader, arrested and banished.
• MARTINEZ Arturo
• President of the Confederation of Workers in the graphics industry; arrested.
• SOTO Humberto
• Secretary-General of the Unitary Front of Workers; arrested.
• LILLO Edmundo
• President of the National Federation of Workers in Commerce; arrested.
• OSORIO Eduardo
• AGECH leader; arrested.
• FIGUEROA José
• Substitute President of the Confederation of Building Workers; arrested.
• RIVERA José
• National leader of the Confederation of Building Workers; arrested.