Informe en el que el Comité pide que se le mantenga informado de la evolución de la situación - Informe núm. 316, Junio 1999

Caso núm. 1939 (Argentina) - Fecha de presentación de la queja:: 07-AGO-97 - Cerrado

Allegations: Killing, detention, physical assaults and death threats against trade unionists and trade union leaders; break-ins in trade union premises and trade unionists' homes; request to withdraw legal recognition

1. 88. The Committee examined this case at its June 1998 meeting and presented an interim report to the Governing Body (see 310th Report, paras. 107-122, approved by the Governing Body at its 272nd Session (June 1998)).
2. 89. The Government sent its observations in communications dated 22 October 1998, 29 April and 6 May 1999.
3. 90. Argentina has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 91. When previously examining the case, which dealt with allegations of killing, detention, physical assaults and death threats against trade unionists and trade union leaders, as well as break-ins in trade union premises and trade unionists' homes and request to withdraw legal recognition, the Committee made the following recommendations (see 310th Report, para. 122(a) and (b)):
   • -- With regard to the allegation concerning the killing of Ms. Teresa Rodríguez by police officers during a demonstration organized on 12 April 1997 in Neuquén Province in protest against unemployment, the Committee hopes that the judicial proceedings currently in progress will clarify the facts, apportion responsibility and impose sanctions on the person or persons responsible, and requests the Government to keep it informed of the outcome of these proceedings.
   • -- Concerning the allegations relating to: (1) the attacks on 15 and 24 May 1997 on the ATE premises in Neuquén Province; (2) the break-ins at the homes and subsequent detention by the police on 23 June 1997 of members of the CTA of Cutral-Co (Sandro Botron, Juan Bastías, Cristían Rodríguez, Oscar Chávez, Beatriz Parra, Cristían Valle and Angel Lucero) and the legal proceedings initiated against three of them (Rodríguez, Botron and Parra); (3) the assault on ATE delegate, Mr. Jorge Villalba, on 13 June 1997 in Lanús; (4) the death threat made against Ms. Nélida Curto, a member of the administrative committee of ATE-Lanús, on 23 June 1997; (5) the threat against the ATE delegate at the Arturo Melo Hospital, Ms. Ana María Luguercho, on 26 June 1997; (6) the death threat against the ATE-Lanús delegate, Mr. Daniel Saavedra; (7) the death threat against the general secretary of ATE-San Martín, Mr. Víctor Bordiera; (8) the threat against the deputy general delegate of ATE-General Rodríguez District, Mr. Ricardo Caffieri, on 10 July 1997; (9) the attack on the home of the deputy secretary of ATE (national branch), Mr. Juan González; (10) the attack and looting in July 1997 of the ATE premises in Comodoro Rivadavia and Goya; and (11) the request by the Governor of Neuquén Province to withdraw legal recognition from the state employees and teaching unions (ATE and ATEN), which are affiliated to the CTA, the Committee regrets that the Government has not provided full information on these allegations and urges it to provide its observations as quickly as possible on all the allegations, indicating expressly the status of the complaints before the police or judicial authorities to which the complainants refer. The Committee requests the Government to take the necessary measures to ensure protection for the CTA and ATE and for trade unionists who have been threatened.

B. The Government's reply

1. 92. In its communications of 22 October 1998, 29 April and 6 May 1999, the Government provided the following information in connection with the events which occurred under the jurisdiction of Neuquén Province:
   • -- concerning the complaint that an incendiary bomb was set off in the premises of the Association of State Workers of Cutral-Co, the Government encloses Memorandum No. 2876 (CCO) stating that the police station of the 14th district of Cutral-Co registered the relevant complaint lodged by Miguel Dante Alvarez and acting upon a telephone call, went on the spot to ascertain that there had been a fire in the ATE premises and, having observed the damage (in this case only "damage to glass in the entrance door and damage caused by smoke to the premises"), took all the necessary measures to try and clarify the events, such as carrying out an expert's appraisal of the premises by competent staff. Any information in this respect will be communicated to the Committee as soon as possible;
   • -- concerning the complaint that "a group of unidentified persons fired shots at the front of the premises" of the ATE Cutral-Co headquarters, the Government encloses Memorandum No. 3177 (CCO) stating that Celso Fabían Quesada lodged the relevant complaint with the 14th police station of Cutral-Co specifically pointing out that "nobody was suspected". The police took the appropriate measures and initiated preliminary investigations. Any further information on this matter will be communicated to the Committee in the near future;
   • -- the Government points out that, concerning both occurrences, the corresponding judicial proceedings were carried out by the Court of Criminal Investigation and that it was clear that the police authorities had acted promptly and taken the necessary procedures. Similarly, the Government states that the relevant authorities are not sparing any effort to try and cast light immediately on such regrettable occurrences. Any progress made and further information acquired with respect to the events mentioned above will be communicated immediately to the Committee;
   • -- concerning the allegation that on the night of 23 June 1997 a group of about 40 police officers had broken into the homes of members of the Central Association of Argentine Workers (CTA) of Cutral-Co, and other allegations (arrest of persons without informing them of where they were being taken, break-ins during the night rather than the day, break-ins by persons wearing hoods, violence used during the break-ins against members of the detainees' families, lack of jurisdiction of the police to break into the premises, arrest without any legitimate charge being made by the competent legal authority), the Government encloses a copy of Official Note No. 1222 (DSICCO) giving an account of the events and instances which occurred on 13 June 1997 as a result of the visit of a government group headed by the Vice-Governor of Neuquén Province; copy of Judicial Proceedings No. 3519 (CCO-J); copy of Memorandum No. 3783 (CCO); note drawn up by the head office of the security services of Cutral-Co and officials of the Security Superintendent's Office of Neuquén registering the documentation received. According to the abovementioned documentation and in the light of the well known events which occurred in June 1997 in Cutral-Co, it may be deduced that: (1) as a result of a serious dispute between the government authorities and workers in the Cutral-Co District in Neuquén Province, a group made up of officials from the highest ranks of government was dispatched to try and find a swift solution to the workers' claims. On the day in question, it proved impossible, after tough negotiations, to reach a satisfactory solution for the parties, at which point the group decided to leave the building in which the meetings were being held when the building was virtually taken over by demonstrators. As may be ascertained from the documentation submitted "shots were fired from small calibre firearms wielded by the demonstrators" who were gathered outside the building and there was "a massive assault on the municipal building which was practically destroyed", resulting in injuries to Police Superintendent Oscar Pincheira, Sergeant Miguel Acosta and Officer Patricio Mamani. In view of such regrettable incidents, corresponding legal proceedings were initiated with a view to establishing that offences might have been committed, determining the responsibility and identifying those presumed guilty. In view of the above circumstances, a magistrate was instructed to carry out investigations; in doing so he took measures authorized under law to try and establish the objective truth, which include the break-in and arrest of anyone suspected of having committed an offence; (2) it is clear from the documentation submitted that the break-in of the home and arrest of Sandro Botron during the day was in full compliance with the orders issued by the competent authority and that the police carrying out these actions were fully competent to carry out these tasks and fulfilled all the necessary legal requirements. Furthermore, attempts were made to avoid calling in the police and they were only called in as a last resort and, to a minimum extent, to ensure compliance with the procedures ordered. In fact, the person injured during the proceedings was Police Superintendent Carlos Salazar and, as the police had taken the precaution of filming the events, a family member of Sandro Botron destroyed the camera. In short, the Government dismisses as totally unfounded the allegations made to the Committee that there were "flaws in the proceedings" liable, in any way, to undermine rights granted to citizens which the Argentine Government guarantees and protects. As regards the allegations concerning break-ins at the homes and arrest of Sandro Botron, Juan Bastías, Cristían Rodríguez, Oscar Chávez, Beatriz Parra, Christían Valle and Angel Lucero, members of the CTA of Cutral-Co, as well as the allegations concerning the legal proceedings initiated against three of them, the judge responsible for the cases submitted a report to which reference is made above: (1) as regards the events that occurred on 12 and 13 June 1997 he decided to proceed to an inquiry led by a competent judge because of the considerable damage, looting and fire suffered by the municipal building, the destruction of the car of a senior municipal executive officer and gun shots, etc.; (2) these were proceedings engaged in accordance with the Constitution and the law and done pursuant to a written order issued by the competent judge. As regards Ms. Teresa Rodríguez's death which occurred during the events of 12 April 1997 in the Neuquén Province, the judge is still investigating in order to collect the evidence which would allow shedding light on these regrettable events. Also, the police officer Hugo Alberto Rudof will continue to be associated with this case.
2. 93. Lastly, the Government stated that, as regards the events that occurred in Buenos Aires Province and concerning the alleged threat and physical assault against trade unionists of ATE-Lanús and alleged threat against trade unionists of ATE-San Martín, Quilmes, the Buenos Aires Province State Secretary responsible for labour affairs indicated that no administration measure was brought against the perpetrators of these alleged violations of freedom of association principles but that however complaints brought before the inquiring judge and the police are actually being investigated even if they are not supported with sufficient evidence; they are still at the instruction stage, i.e. the collection of evidence.

C. The Committee's conclusions

1. 94. The Committee notes that the allegations that had remained pending when it examined this case at its June 1998 meeting concerned attacks and break-ins of trade union headquarters, the break-in of trade union members' homes and the subsequent arrest of these members, assaults and death threats against trade unionists, and the request to withdraw legal recognition of two trade unions. Similarly, the Committee notes that during its last examination of the case, it had requested the Government to keep it informed of the outcome of judicial proceedings concerning the killing of Teresa Rodríguez by police officers during a demonstration organized on 12 April 1997 in Neuquén Province.
2. 95. With respect to the allegation concerning the attack on the premises of the ATE trade union in Neuquén Province on 15 and 24 May 1997, the Committee notes the Government's statements to the effect that: (1) concerning the complaint that an incendiary bomb was set off in the premises of the Association of State Workers of Cutral-Co, the police station of the 14th district of Cutral-Co registered the relevant complaint from Miguel Dante Alvarez and, acting upon a telephone call, went on the spot to ascertain that there had been a fire in the ATE headquarters and, having observed the damage, took all the necessary measures to try and clarify the events, such as carrying out an expert's appraisal of the premises by competent staff; and (2) concerning the complaint that "a group of unidentified persons fired shots at the front of the premises" of the ATE headquarters in Cutral-Co, Celso Fabián Quesada lodged the relevant complaint with the police station of the 14th district of Cutral-Co, specifically pointing out that "nobody was suspected", and that the police took the appropriate measures and initiated preliminary investigations. The Committee also notes that the Government maintains that in both cases it carried out the necessary judicial proceedings and that the relevant authorities are sparing no effort to try and cast light immediately on such regrettable events. The Committee requests the Government to keep it informed of the outcome of the judicial proceedings under way.
3. 96. With respect to the allegation concerning the break-ins into unionists' homes and subsequent detention on 23 June 1997 of members of the Cutral-Co branch of the CTA (Sandro Botron, Juan Bastías, Cristián Rodríguez, Oscar Chávez, Beatriz Parra, Cristián Valle and Angel Lucero) and the legal proceedings initiated against three of them (Rodríguez, Botron and Parra), the Committee notes the Government's statements to the effect that: (1) as a result of a serious dispute between the government authorities and the workers in the district of Cutral-Co, Neuquén Province, a group made up of officials from the highest ranks of government was dispatched with a view to finding a swift solution to the workers' claims and that after serious negotiations it had been impossible to reach a satisfactory solution for the parties, at which point the group decided to leave the building in which the meetings were being held when the building was virtually taken over by demonstrators; according to the Government, shots were fired from small calibre firearms by the demonstrators who were gathered outside the building and that a massive assault on the municipal building almost destroyed it, resulting in injuries to three police officers; as a result of such regrettable instances, legal proceedings had been initiated with a view to establishing that offences might have been committed, determining responsibility and identifying those presumed guilty. A judicial inquiry had been set in motion in accordance with measures authorized by the law in order to try and establish the objective truth, which include the break-in and arrest of anyone who might be suspected of having committed a crime; and (2) the break-in at the homes of trade unionists Sandro Botron, Juan Bastías, Cristían Rodríguez, Oscar Chávez, Beatriz Parra, Cristían Valle and Angel Lucero, members of the CTA, and their subsequent arrest were carried out in compliance with orders issued by the competent authority, during the day, by police officers fully competent to carry out this task and in accordance with all the requirements provided for under the legislation to guarantee rights extended to all citizens. It points out that the procedure was engaged in accordance with the Constitution and the law and done pursuant to a written order issued by the competent judge and attempts were made to avoid calling in the police and that they were only called in as a last resort and, to a minimum extent, to ensure compliance with the procedures ordered. It is stressed that a police officer sustained injuries as a result of this action.
4. 97. In this respect, whilst noting that the Government points out that the break-in to the homes of trade unionists Sandro Botron, Juan Bastías, Cristían Rodríguez, Oscar Chávez, Beatriz Parra, Cristían Valle and Angel Lucero and their subsequent arrest was carried out with a warrant, the Committee requests the Government to keep it informed on the situation of the four trade unionists, in particular with respect to the charges brought against them and the length of their detention.
5. 98. As regards the killing of Ms. Teresa Rodríguez by police officers during a demonstration held on 12 April 1997 in the Neuquén Province, the Committee notes that according to the Government the judicial authorities are still investigating. The Committee requests the Government to keep it informed of the outcome of these proceedings.
6. 99. However, the Committee notes that the Government has not provided information on the investigation concerning allegations which remained pending following its last examination of the case: assault on ATE delegate, Jorge Villalba, on 13 June 1997 in Lanús; the death threat against Ms. Nélida Curto, a member of the administrative committee of ATE-Lanús, on 23 June 1997; the threat made on 26 June 1997 against Ms. Ana María Luguercho, ATE delegate at the Arturo Melo Hospital; the death threat against the ATE-Lanús delegate, Daniel Saavedra; the death threat against Víctor Bordiera, general secretary of ATE-San Martín; the threat against Mr. Ricardo Caffieri, deputy general delegate of ATE-General Rodríguez District, on 10 July 1997. The Committee requests the Government to keep it informed of the outcome of these proceedings.
7. 100. As regards the allegations which remain pending and which concern the attack on the home of the deputy secretary of ATE (National Branch), Mr. Juan González, the attack and looting in July 1997 of the ATE premises in Comodoro Rivadavia and Goya and the request by the Governor of Neuquén Province for the withdrawal of legal recognition from the state employees and teaching unions (ATE and ATEN), which are affiliated to the CTA, the Committee regrets that the Government has not sent its observations on these matters. In this respect, recalling the importance it attaches to an independent inquiry, the Committee requests the Government to take steps to ensure that investigations are carried out on all these allegations and to keep it informed on the outcome of these investigations.

The Committee's recommendations

1. 101. In the light of its foregoing conclusions, the Committee requests the Governing Body to approve the following recommendations:
   • (a) The Committee requests the Government to keep it informed of the charges brought against the members of the CTA of Cutral-Co, Sandro Botron, Juan Bastías, Cristían Rodríguez, Oscar Chávez, Beatriz Parra, Cristían Valle and Angel Lucero and of the length of their detention.
   • (b) The Committee requests the Government to keep it informed of the outcome of the judicial investigations as regards the allegations on: (1) the assault on ATE delegate Mr. Jorge Villalba, on 13 June 1997 at Lanús; (2) the death threat made against Ms. Nélida Curto, a member of the administrative committee of ATE-Lanús; (3) the threat against the ATE delegate at the Arturo Melo Hospital, Ms. Ana María Luguercho on 26 June 1997; (4) the death threat against the ATE-Lanús delegate, Mr. Daniel Saavedra; (5) the death threat against the general secretary of ATE-San Martín, Mr. Víctor Bordiera; and (6) the threat against the deputy general delegate of ATE-General Rodríguez district, Mr Ricardo Caffieri.
   • (c) As regards the allegations still pending after the last examination of the case and concerning the attack on the home of the deputy secretary of ATE, National Branch, Mr. Juan Gonzáles, the attack and looting in July 1997 of the ATE premises in Comodoro Rivadavia and Goya, and the request by the Governor of Neuquén Province to withdraw legal recognition from the state employees and teaching unions (ATE and ATEN which are affiliated with the CTA), the Committee requests the Government to take the necessary measures to investigate these allegations and to keep it informed of their outcome.
   • (d) The Committee requests the Government to keep it informed of the outcome of the judicial inquiry into the killing of the worker Teresa Rodríguez by police offices during a demonstration organized on 12 April 1997 in Neuquén Province in protest against unemployment.