Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 217, Juin 1982

Cas no 919 (Colombie) - Date de la plainte: 23-JANV.-79 - Clos

1. 351. This case was examined by the Committee in May 1979, November 1980, May 1981 and February 1982, when it presented interim reports to the Governing Body.
2. 352. Since it last examined the case, the Committee has received communications from the Government dated 16 February, 10 March and 20 April 1982.
3. 353. Colombia 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. 354. When the case was examined in February 1982 there remained pending the questions relating to the death of the trade union leader Pedro Pablo Bello, the trial or detention of trade union leaders or workers and the allegations made by the National Federation of Workers in the Service of the State (FENALTRASE) in its last communication dated 21 September 1979 (dismissal or suspension of trade union leaders - of whom a list was sent by the complainant along with documentation on some of the dismissals - on account of their trade union activities; prevention of many leaders from continuing their trade union functions following such sanctions, interference by the armed forces in trade union organisations resulting in acts of physical aggression against civil servants employed in the Judiciary, the arrest of union leaders of the National University and the detention of union leaders and active trade unionists, mainly in the Ministry of Finance).
2. 355. The Committee recommended the Governing Body to approve the following conclusions:
   • (a) Regarding the allegation relating to the agricultural trade union leader, Pedro Pablo Bello, the Committee deeply regretted his death and requested the Government to send any information on the outcome of the judicial investigation that had been undertaken.
   • (b) As regards the other allegations:
   • (i) the Committee requested the Government to communicate the text of the judgements, together with the reasons adduced therefore, which might be handed down on the following trade union leaders and workers being tried at present for presumed membership of or links with subversive groups: Manuel Castillo Ruiseco, Obdulia Prada de Torres, Jorge Elieser Diaz Russi, Jorge Tulio Legro Tafur, Marghot Clemencia Pizarro, Alfonso Moya Romero, Hernando Solano Bareño, Alvaro Quijano Rozo and Henry Vicente Rivera Garcia;
   • (ii) the Committee again requested the Government to send information on the detention of Alfonso Prada and Humberto Serna and to reply to the allegations contained in the communication of FELANTRASE of 21 September 1979.

B. The Government's reply

1. 356. In its communication dated 16 February 1982 the Government states that on 27 August 1980, the Military Court of Summary Jurisdiction, which tries members of the "M-19" subversive group, annulled the detention order against Alfonso Prada and he was released. The Government adds that Mr. Humberto Serna has not been detained.
2. 357. In its communication dated 10 March 1982 the Government states that, following her trial, Obdulia Prada de Torres was acquitted by the Military Court of Summary Jurisdiction. The Government adds that Manuel Castillo Ruiseco was sentenced on 24 March 1981 to ten years' imprisonment for the crime of rebellion and that, as regards the other persons figuring in the complaint, trial proceedings are continuing before the Military Court of Summary Jurisdiction which tries members of the "M-19" subversive movement for crimes against the internal security of the State, and not because of any trade union persecution or because of trade union membership or activities.
3. 358. The Government points out, nevertheless, that being animated by the desire to restore peace in the country and accepting the proposals made by the Peace Commission set up for this purpose, it has issued Decree No. 474 of 19 February 1982, and that it will be possible for both Manuel Castillo Ruiseco, who was sentenced to a term of imprisonment, and the persons at present being tried to benefit from the provisions of this Decree, within a period of two months of the date of issue thereof; this will quash the prison sentence in the case of the former and the penal proceedings in the case of the others, provided that those concerned and the illegal groups to which they belong hand over the arms in their possession.
4. 359. In its communication of 20 April 1982 the Government states that Mr. Pedro Pablo Bello's death had nothing to do with activities of a trade union character and it adds, as regards the FENALTRASE communication of 21 September 1979, that there is no truth in the statement that trade unionists bad been attacked or that trade union premises had been broken into.

C. The Committee's conclusions

1. 360. The Committee notes the Government's statement that the death of the agricultural leader, Pedro Pablo Bello, had nothing to do with activities of a trade union character. In this respect, while noting this statement, the Committee requests the Government to send any information which it may obtain on the judicial inquiry that has been undertaken into the circumstances of the death.
2. 361. The Committee notes that Alfonso Prada was released upon the annulment by the Military Court of Summary Jurisdiction, which tries members of the "M-19" subversive group, of the detention order against him, and that Humberto Serna has not been detained. Consequently, the Committee considers that the allegation relating to the detention of these persons does not call for further examination.
3. 362. As regards the allegations relating to the trial of several trade union leaders and workers, the Committee notes that, following her trial, Obdulia Torres was acquitted. It also notes that, in accordance with Decree No. 474 issued by the Government on 19 February 1982, it will be possible for both Manuel Castilla Ruiseco, who was sentenced to ten years' imprisonment for the crime of rebellion, and the persons at present being tried to benefit from the provisions of this Decree, within a period of two months from the date of issue thereof, and that this will quash the sentence in the case of the former and the penal proceedings for the others, subject to the conditions laid down in the Decree, i.e. provided that those concerned and the illegal organisations to which they belong hand over the arms in their possession. In these circumstances, taking account of the fact that the Government has stated that those concerned were brought to trial for crimes against the internal security of the State and not because of any trade union persecution whatever, nor for trade union membership or activities and likewise taking account of the fact that the conditions laid down in Decree No. 474 for the quashing of the sentence passed on Manuel Castillo Ruiseco and of the penal proceedings against those brought to trial would not give rise to objection from the point of view of the principles of freedom of association, the Committee considers that this aspect of the case does not call for further examination.
4. 363. As regards allegations contained in the FENALTRASE communication dated 21 September 1979, the Committee observes that the complainant did not at that time supply any information on the number of persons who were apparently arrested or detained; that more than two-and-a-half years have passed since the dismissals referred to took place and that the Government has denied the rest of the allegations which, moreover, are formulated in very general terms. In these circumstances, the Committee considers that, in view of the time which has elapsed and of the fact that some allegations were neither initially nor subsequently formulated with the necessary precision, this aspect of the case does not call for further examination.

The Committee's recommendations

1. 364. In these circumstances the Committee recommends the Governing Body to approve this report and in particular the following conclusions:
   • (a) regarding the allegation relating to the death of the agricultural trade union leader, Pedro Pablo Bello, the Committee requests the Government to send any information which it may obtain on the judicial investigations under way into the circumstances of the death;
   • (b) regarding the allegations relating to the detention or trial of several trade union leaders for presumed membership of or links with subversive groups, and the allegations contained in the FENALTRASE communication dated 21 September 1979, the Committee considers that they do not call for further examination.