Rapport intérimaire - Rapport No. 217, Juin 1982

Cas no 1117 (Chili) - Date de la plainte: 01-MARS -82 - Clos

1. 484. By communications of 1 and 4 March 1982 the World Confederation of Labour (WCL), the World Federation of Trade Unions (WFTU) and the International Confederation of Free Trade Unions (ICFTU) presented complaints of violation of trade union rights in Chile. The Government supplied its observations in a communication dated 20 April 1982.
2. 485. Chile has not ratified 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. The complainants' allegations

1. 486. The complaints refer to the murder, on 23 February 1982, in the suburbs of Santiago of the trade union leader, Tucapel Jimenez, Chairman of the National Grouping of Public Employees (ANEF). A week before his death Tucapel Jimenez had made statements in favour of workers' unity.
2. 487. The ICFTU attaches to its communication a copy of an "appeal for preventive protection" which was allegedly lodged with the Supreme Court by several trade union leaders including Tucapel Jimenez. The signatories to this undated appeal state that they were prevented by the police from entering the premises of the Valparaiso Dockers' Federation and that the form of police intervention gave them cause to fear for their lives, their physical well-being and their freedom. They explain that their intention was to express their solidarity with the port workers and that they acted peacefully. Despite that, policemen armed with machine guns surrounded the area and armoured cars and police wagons were placed in front of the entrance to the Federation. In addition, security agents took individual photographs of the trade union leaders so as to make them feel that pressure and threats were being used against them. A high police official prevented the trade union leaders from entering the building without giving reasons or producing a warrant. The signatories add that they are aware that they are being followed and that no place is safe for them. They request the restoration of law and the guarantee of effective protection.

B. The Government's reply

1. 488. In its reply the Government explains that Tucapel Jimenez's death occurred when the President of the Republic was in the southern region of the country with a government group. When informed of the incidents, the President energetically condemned the crime and ordered that an inquiry be opened immediately. The Minister of the Interior returned to Santiago to cc-ordinate the task of the investigation services.
2. 489. In view of the seriousness of the facts and so as to show the Government's interest in a speedy solution to the affair, the following day the Minister of the Interior requested the Santiago Court of Appeal to name a special examining magistrate. The police services gave their full co-operation to the magistrate who ordered various inquiries. Over 300 policemen took part in the search for the murderer or murderers. The searches are still continuing.
3. 490. The Government states that the President of the Republic has devoted special attention to the progress of the inquiry and is kept permanently informed by the Ministry of the Interior and by the bodies attached to the President's Office. It adds that both the Government and the nation have been unanimous in condemning this cowardly murder. The Government states that one idea that was advanced in this case was that Tucapel Jimenez was "killed" as part of an international conspiracy aimed at creating problems for the Government. Both the family lawyers and those of the trade union organisation to which he belonged are taking an active part in the evolution of the procedure.
4. 491. As for the ICFTU's allegations concerning the appeal for protection allegedly lodged by Tucapel Jimenez with the Supreme Court, the Government points out that the court competent to hear such appeals is not the Supreme Court but the Appeal Court. The Government attaches a copy of a certified statement of the Appeal Court according to which no appeal for protection was presented by Tucapel Jimenez in 1980, 1981 or 1982.

C. The Committee's conclusions

1. 492. In the first place, the Committee deeply deplores the murder of the trade union leader, Tucapel Jimenez, who had played a primary role in the history of the trade union movement in his country.
2. 493. The Committee notes that a judicial inquiry has been opened. The Committee hopes that this inquiry will allow for the rapid collection of the facts and determination of responsibility in this matter. It must point out in this regard that a climate of violence such as that surrounding the murder of a trade union leader constitutes a very serious obstacle to the exercise of trade union rights. Consequently, such acts require severe measures on the part of the authorities to find and condemn those responsible.

The Committee's recommendations

• Recommendations of the Committee
  494. 494 In these circumstances, the Committee recommends the Governing Body to approve the present report, and in particular the following conclusions:
• The Committee deeply deplores the murder of the trade union leader, Tucapel Jimenez. It considers that a climate of violence can only constitute a very serious obstacle to the exercise of trade union rights, and asks the Government to keep it informed of the outcome of the judicial inquiry and to communicate the text of any judgement which might be handed down in this matter.