Rapport intérimaire - Rapport No. 176, Mars 1978

Cas no 823 (Chili) - Date de la plainte: 12-AOÛT -75 - Clos

1. 42. The Committee has already examined this case in February, May and November 1976 and in February and May 1977. It submitted an interim report at each of these sessions.
2. 43. Just before the May 1977 Session, and since that session, the office received a number of communications from the following complaining organisations bearing the dates indicated hereafter: International Confederation of Free Trade Unions (11 May 1977); World Federation of Trade Unions (13 May, 30 June, 8 July and 30 September 1977); Trade Unions International of chemical, oil and Allied Workers (28 July 1977). These communications were transmitted to the Government for its observations. The Government supplied information in a communication dated 26 September 1977.
3. 44. The allegations at issue concern the arrest or disappearance of trade unionists or former trade unionists and pressure exerted upon trade union officials, the raiding of trade union premises, the withdrawal of Chilean nationality from trade union leaders in exile and refusal to allow certain trade union organisations to celebrate May Day.

A. Arrest or disappearance of trade unionists or former trade unionists and pressure exerted upon trade union officials

1. 45. The complainants had communicated the names of numerous serving or former trade union officials who had been arrested or who had disappeared. The Government had supplied information concerning several of the persons named by the complainants. It had also stated on several occasions that nobody was or had been under arrest on account of his status as a trade unionist or his trade union activities, but for breaches of the law or for reasons of public order.
2. 46. At its May 1977 Session, the Committee recommended the Governing Body:
   • (i) to note that some of the persons mentioned by the complainants as having disappeared were at liberty in the country; others, however, had left the country;
   • (ii) to remind the Government that it had not yet transmitted information on a large number of persons;
   • (iii) to urge the Government to continue its investigations into the disappearance of the trade unionists in respect of whom it stated that it had no information, and to request it to communicate the findings, and to request the Government to supply information on the situation of the persons listed in the annex to the present case;
   • (iv) to request the Government to allow the inquiry into the death of Marta Lidia Ugarte Román to be pursued with the greatest care and objectivity, and to communicate the findings of the inquiry.
3. 47. In a telegram dated 13 May 1977, the WFTU referred to a communication from the External Committee of the Single Central Organisation of Chilean Workers (CUT) alleging the arrest by the National Intelligence Department (DINA), in March 1977, of Juan Eduardo Berríos Morales, an official of the Chilean Confederation of Employees in the Private Sector (CEPCH). This trade union official was said to have been arrested at his home at dawn. He was beaten up and taken, blindfold, to a building where he remained for about 48 hours, being tortured and interrogated. He was subsequently freed at a spot near his home, to which he was authorised to go after being threatened that he and his family would be killed if he revealed what had happened to him. A case had been filed in this respect with the Santiago courts under the amparo procedure.
4. 48. In its communication of 30 June 1977, the WFTU referred to the interrogation by the DINA on 14 June 1977 of two trade union officials, Samuel Astorga and Ramón Velasquez, at Pudahuel Airport on their return from Caracas, where they had attended a trade union meeting. In a later communication from the WFTU it was stated that the persons who had carried out the interrogation identified themselves as security agents. The documents these trade union officials had with them were seized.
5. 49. The WFTU appended to its communication of 8 July 1977 a document explaining the different forms of arrests made in Chile. In some cases the period in custody is very short. The persons concerned are arrested at their homes or in the streets and taken to interrogation centres, where they are tortured. They are freed after a few hours or a few days. They are enjoined not to reveal what has happened to the judicial authorities or to the Church. In some cases, the persons in question are forced to continue to collaborate with the security services. Other arrests are followed by disappearance. Lastly, some persons, a few days after their arrest by the security services, are placed at the disposal of the competent military or ordinary court, whereupon they are transferred to a public prison.
6. 50. The document sent by the WFTU also stated that a number of trade union officials had been molested as part of an attempt to create a general climate of fear among the workers' representatives. These incidents were said to be connected with the activities of these officials on the occasion of May Day. The trade union leaders who had signed a document entitled "Analysis and aspirations of the Chilean workers after 44 months of military government", which was submitted to the Government on May Day, stated in a communication addressed to the Archbishop of Santiago that subsequently "overt, illegal and abusive pressure" had been brought to bear on the trade union leaders who had associated themselves with this document.
7. 51. The communication from the WFTU went on to refer to a number of amparo submissions filed by trade union leaders as a result of acts directed against them personally. The persons concerned: Hector Hugo Cuevas Salvador, President of the Industrial Federation of Building, Woodworking and Building Materials Workers; Fernando Bobadilla Pisani, President of the National Textile and Clothing Workers' Federation; Ricardo Celedonio Lecaros González, President of the National Federation of Iron and Steel and Metalworking Industrial Unions; Sergio de Jesús Villalobos, President of the Ranquil Confederation. All these leaders, whose organisations had all been signatories to the document submitted to the Government on May Day, were subsequently followed by vehicles and persons in civilian clothes. The premises of their organisations or their homes were kept under surveillance, and some of them received a series of anonymous telephone calls.
8. 52. In its communication of 28 July 1977, the Trade Unions International of Chemical, Oil and Allied Workers alleged that Carlos Contreras Maluje, a member of the single National Union of Chemical and Pharmaceutical Laboratory Workers, was arrested in October 1976 by the DINA. He was injured at the time of his arrest, and since then nothing more had been heard of him.
9. 53. The WFTU's communication of 30 September 1977 contained additional information about serving and former trade union officials whose arrest or disappearance had been mentioned in earlier complaints. This complaint also contained new allegations concerning the arrest or disappearance between 1974 and 1976 of 16 serving or former trade union officials who were not named in earlier complaints. This information and these allegations were communicated to the Government for its observations. Appended to this communication was a list of 163 other persons who did not have the status of trade union officials but who, according to the complainants, were arrested and then disappeared because they were members of a trade union, and had engaged in legitimate trade union activities before or after the change of regime. The dates of these arrests were spread over the period from September 1973 to August 1976. The Committee requests the complainants to supply particulars as to the trade union membership and activities of the persons in question.
10. 54. In its communication of 26 September 1977, the Government supplied some information about persons named in the annexes to the Fact-Finding and Conciliation Commission's report in respect of whom the Committee had requested information as to their present circumstances. The persons whose names follow are at liberty after serving sentences of imprisonment or forced residence: Jaime Aros Cruz, Alfonso Carreño Diaz, Juan Elpidio González, Edgardo Lobos Flores, Guillermo Mardones Campos, Rolando Oñato Zambrano, Isabel Peiford, Osvaldo Tello Gomez. Another person, Hernán Venegas Cutiño, is serving a prison sentence of three years and a day for forging sales documents.
11. 55. As concerns the persons mentioned in the complaints relating to the present case, the Government repeated that most of these persons had not been arrested and had in all probability disappeared of their own volition, going underground after receiving instructions to that effect. It added that disappearances like these took place in accordance with organised plans for which the Government could not be held responsible.
12. 56. With regard.to the death of Marta Lidia Ugarte Román, the Government repeated the information already communicated in its previous report to the effect that the Valparaiso criminal court had undertaken an inquiry into the matter. The investigations had been suspended by the court on 14 February 1977 "until further information comes to light".
13. 57. The Committee must note with deep regret that the Government has not supplied any new information concerning the alleged arrest or disappearance of the many persons named in the complaints relating to the present case. The Committee has, however, been informed that following the submission of new evidence to substantiate the claim that these persons were arrested, the Supreme Court has decided to reopen the inquiry into, in particular, the disappearance of 11 serving or former trade union officials named in those complaints which have come before the Committee. The Committee expresses the hope that the resumed investigations with respect to these persons will be carried out diligently and in full independence. More generally, as concerns all the allegations of disappearances that have been brought to its attention, the Committee urges the Government to carry out thorough inquiries into these cases, in respect of most of which the complainants have supplied additional information, including eye-witness accounts, to substantiate their claim that the persons in question were arrested.
14. 58. The Government has likewise failed to reply to the allegations made since the Committee's last session concerning the temporary arrest of certain trade union officials (Eduardo Berrios Morales, Samuel Astorga and Ramón Velasquez) and attempts to intimidate others (Hector Hugo Cuevas Salvador, Fernando Bobadilla Pisani, Ricardo Celedonio Lecaros González and Sergio de Jesús Villalobos) and concerning the detention of Carlos Contreras Maluje. The Committee would like to have the Government's observations on these allegations.
15. 59. The Committee further notes with regret that the recommendations for the continuance of the inquiry into the death of Marta Lidia Ugarte Román do not appear to have been complied with. The Committee considers that the witnesses' testimony compiled by the Ad Hoc Working Group established by the United Nations Commission on Human Rights and by the Inter-American Commission on Human Rights of the Organisation of American States' suffices to show the need for reopening the inquiry into this matter and continuing it until the person or persons responsible are found.

B. Raiding of trade union premises

1. 60. The WFTU and the WCL had alleged that an armed group had raided the premises of the National Association of Public Employees (ANEF). The complainant organisations added that the Vice-President of the ANEF, Milenka Mikovilovic, had been brutally assaulted on this occasion.
2. 61. The Government had stated that criminal proceedings had been initiated in this case in the courts of Santiago. In addition, the Minister of the Interior had requested the Director-General of the Investigation Service to ensure that the inquiries reached a satisfactory conclusion as speedily as possible.
3. 62. At its May 1977 Session the Committee recommended the Governing Body to request the Government to intensify the investigations into the case and to communicate the findings.
4. 63. In its report of 26 September 1977, the Government repeats the information already provided in its previous reports.
5. 64. The Committee regrets that no new information has been provided on this matter. It emphasises that a climate of violence, symptomised by acts such as that committed against the premises of the ANEF, may constitute serious interference with the exercise of trade union rights and that such occurrences call for severe measures on the part of the authorities.

C. Withdrawal of the nationality of trade union officials in exile

1. 65. In its communication of 11 May 1977, the ICFTU stated that the Government had deprived of their nationality Messrs. Luis Meneses, General Secretary of the Single Central Organisation of Chilean Workers (CUT), and Humberto Elgueta and Ernesto Araneda, members of the External Committee of the CUT. The WFTU made the same allegations in a telegram dated 13 May 1977.
2. 66. The Government has not yet furnished its observations on this matter.
3. 67. The Committee wishes to request the Government to forward its comments as speedily as possible concerning these allegations, and concerning, in particular, the reasons which prompted the withdrawal of Chilean nationality from the trade union officials in question.

D. Refusal to authorise the celebration of May Day by certain trade union organisations

1. 68. In its telegram of 13 May 1977, the WFTU referred to the Government's refusal to authorise the celebration of May Day as requested by. 122 trade union organisations.
2. 69. The Government has not yet furnished its observations on this matter.
3. 70. In general terms, the Committee recalls that the right to organise public meetings on the occasion of May Day constitutes an important aspect of trade union rights. The Committee wishes to request the Government for its comments on these allegations.

The Committee's recommendations

1. 71. In these circumstances, with regard to the case as a whole, the Committee recommends the Governing Body:
   • (a) to note with interest that other persons named in the report of the Fact-Finding and Conciliation Commission have been released;
   • (b) to note, however, with deep regret that the Government has not supplied any new information concerning the alleged arrest or disappearance of the many persons named more recently by the complainants;
   • (c) to request the Government once again to carry out thorough inquiries into the cases of disappearance and to supply information on the situation of the persons named in the list annexed to the present case;
   • (d) to request the Government to ask the competent authorities to continue the inquiry into the death of Marta Lidia Ugarte Roman with a view to finding the person or persons responsible;
   • (e) to draw the Government's attention to the observations made in paragraph 64 above concerning the raiding of the premises of the ANEF;
   • (f) to request the Government to forward as speedily as possible its comments on such a grave act as the withdrawal of Chilean nationality from trade union officials in exile;
   • (g) to request the Government also to forward as speedily as possible its comments on the allegations relating to the temporary arrest of Messrs. Eduardo Berrios, Samuel Astorga and Ramón Velasquez, the attempts to intimidate Messrs. Hector Cuevas; Fernando Bobadilla, Ricardo Lecaros and Sergio de Jesús Villalobos, and the refusal to authorise the celebration of May Day by certain trade union organisations;
   • (h) to take note of the present interim report.
     • Geneva, 11 November 1977. (Signed) Roberto AGO, Chairman.

Z. ANNEX

• Persons mentioned in the list sent to the Government and in respect of whom it has supplied no information or has supplied no further information
• I. Persons mentioned in the report of the Fact-Finding and Conciliation Commission on Freedom of Association
• Barria A. Pedro, Abel A CUT youth leader, Valdivia.
• López, Patricio Supervisor of the Textile Workers' Federation at Tomé and Santiago.
• Rodriguez Moya, Edmundo Former National President of the Leather and Footwear Workers' Union.
• Vásquez, Rolando A CUT national leader.
• II. Persons mentioned in Case No. 823 (complaints prior to the May 1977 Session of the Committee)
• Araya Zuleta, Bernardo, A former CUT official.
• Atencio Cortes, Vicente A workers' leader.
• Berrios Cataldo, Lincoyan An official of the National Association of Municipal Employees.
• Cáceres González, Jorge A trade union official.
• Cepeda Marinkovic, Horacio A trade union official.
• Cerda Cuevas, Cesare A former peasants' leader.
• Contreras Rojas, Hector Former President of the Radio Portales Supervisors' Union.
• Corvalán Valencia, José A former union president, municipality of Santiago.
• Cortez Alruiz, Juan A trade union official, National Health Service, San Juan de Dios Hospital.
• Cruz Diaz, Lisandrol A trade union official.
• Díaz López, Victor A former CUT official.
• Donaire Cortes, Uldarico A former official of the Horizonte Printing Works Union.
• Donato Avendaño, Jaime A national electricity workers' leader.
• Fuica Vega, Mario A former leader of the municipal workers of Renca.
• Gianelli Company, Juan A SUTE national leader.
• Lara Rojas, Fernando A national textile workers' leader.
• Lazo Santander, Luis A former official of the Electricity Company Employees' federation.
• López Suárez, Nicolás A former CUT national official.
• Lorca Tobar, Carlos A workers' leader.
• Macaya Molina, Victor Secretary of the Oveja Tomé Textile Workers' Union.
• Martínez Quijón, Guillermo An official of the Book Trade Workers' Union.
• Miranda Godoy, Darío A member of the Metalworkers' Federation.
• Montoya Vilches, Raúl An official of the Building Workers' Federation.
• Moraga Garcés, Juan A member of the Building Workers' Federation.
• Morales Ramirez, Miguel President of the Itinerant Traders' Union.
• Navarro Allende, Fernando A railwaymen's leader.
• Orellana Catalán, Juan A former official of the Ranquil Confederation.
• Ortiz Letelier, Fernando An official of the APEUCH.
• Pereira Plaza, Reinalda A trade union official.
• Pinto Arroyo, Edras, A trade union official.
• Pizarro Molina, Waldo A textile workers' leader.
• Ponce Vicencio, Exequiel Former General Secretary of the Chilean Port Workers' Federation.
• Portilla Portilla, Armando A textile workers' leader.
• Recabarrén González, Luis A former trade union official at the State Technical University.
• Recabarrén Rojas, Manuel An official of the Printing Workers' Union.
• Riquelme Pino, Aníbal Former President of the Gas, Heating and Sanitation Workers' Union of Santiago.
• Sagredo Pacheco, José An official of the Building Workers' Federation.
• Salgado Salinas, Jorge A peasants' union leader.
• Santos Guerra, José Secretary of the Book Trade Workers' Union.
• Silva Bustos, Pedro Former Vice-President of the National Association of Municipal Employees.
• Solovera Gallardo, Jorge A member of the Metalworkers' Federation.
• Vega Vega, Julio An official of the Municipal Workers' Union.
• Vizcarra Cofré, Carlos An official of the FIAT Industrial Union of Santiago.
• Weibel Navarrete, José A former leader of the employees of San José Hospital, Santiago. Weibel, Ricardo
• Zamorano Donoso, Mario A former official of the Leather and Footwear Workers' Federation.
• III. Persons mentioned in Case No. 823 (complaints subsequent to the May 1977 Session of the Committee)
• Baeza Cruces, José A former member of the CUT National Executive Council for Youth.
• Castillo Tapia, Gabriel A former official of the Nitrate Workers' Union.
• Contreras Maluje, Carlos A member of the Single National Union of Chemical and Pharmaceutical Laboratory workers.
• Diaz Silva, Lenin A trade union official at the "La Exótica" Mines.
• Fuentes Rodriguez, Humberto An official of the Building Workers' Federation.
• Galvez Rivadeneira, Guillermo Secretary of the Book Trade Workers' Union, Quimantu.
• Gutierrez Ramirez, Maria An official of the Metalworkers' Federation.
• Huainiquir Benavides, Joel President of the "El Salvador" Copper mine workers' Union.
• Leon Muñoz, Gabriel An official of the Talcahuano Newsvendors' Union.
• Nazar Quiroz, Miguel A CUT official.
• Nuñez Benavides, Rodolfo Organisational Secretary of the CEPCH.
• Palma Muñoz, José Former President of the ENDESA Employees' Union.
• Santander Miranda, José A former trade union official.
• Tolosa Vasquez, José An official of the Book Trade workers' Union.
• Vega Ramirez, Luis Vice-President of the Ranquil Confederation.
• Veliz Ramirez, Hector Municipal Workers' Delegate to the CUT.
• Villagran Rojas, José Secretary to the Building Workers' Federation.