Definitive Report - Report No 25, 1957

Case No 129 (Peru) - Complaint date: 20-MAR-54 - Closed

A. A. The complainants' allegations

1. 10. In its communication dated 20 March 1954 relating to alleged violations of trade union rights in seven different countries, the World Federation of Trade Unions alleged that the Government of Peru had introduced a reign of terror in the country which is contrary to the interests of the workers and, in particular, of the Peruvian trade union movement. The allegation was in broad and general terms but also included specific allegations relating to two named persons. Mr. Simón Herrera Farfani, General Secretary of the Workers' Federation of Southern Peru and an officer of the Trade Union Reorganisation Committee of Peruvian Workers, is alleged to have been arrested at Cuzco in February 1953 and, after a period in prison in Lima, to have died in the El Frontón concentration camp as a result of the torture and harsh treatment to which he was subjected. The complainant states that the persons detained in this concentration camp exist under terrible conditions and have no buildings in which to live, being forced to seek shelter among the rocks and being subjected to torture. The trade union leaders sent to El Frontón are said to include Mr. Raúl Acosta Salas, General Secretary of the Arequipa Workers' Federation, who is alleged to be subjected to particularly brutal torture " on account of the leading part he had played in the organisation of the Peruvian workers' movement and in particular in the glorious struggle of the Arequipa workers for their rights and liberties ".
2. 11. The complaining organisation was informed in a letter dated 22 June 1954 of its right to furnish further information in substantiation of its complaint. In a communication dated 24 July 1954 the complaining organisation stated that it considered that sufficient proof was furnished by the details contained in its original complaint.
   • ANALYSIS OF THE REPLY
3. 12. In its communication dated 7 January 1957 the Government declares that it has taken all necessary measures to guarantee the normal exercise of the right to organise, which is embodied in the Constitution of Peru. Trade union organisations and their leaders enjoy the greatest freedom. The President of the Republic, in a message on 1 January 1957, declared among other things that there were no political prisoners in Peru ; he added that no publication is subject to censorship. The Government will endeavour to establish " a clear definition of the rights of strike and lockout within the limits of their legitimate exercise ; free trade union organisation, which must be prevented from oscillating between inertia and deviation..". The Government annexed to its reply the text of the Supreme Decree of 28 July 1956, which repealed all the internal security laws and other exceptional legislation and accorded an amnesty to all those sentenced for political reasons. According to article 2 " a political amnesty is decreed and, consequently, judicial proceedings are suspended and sentences cancelled in the case of all persons, civilian or military, prosecuted or sentenced by courts martial, emergency tribunals, war councils of all kinds, military, naval, army, air or police and ordinary courts, for political and social reasons ". Article 5 orders the immediate release of all citizens covered by the amnesty.
4. 13. In its later communication, dated 19 February 1957, the Peruvian Government adds that, up to that date, nobody had been detained because of his trade union activities. On the assumption of power by the present Government on 28 July 1956 all political-social detainees were liberated and persons in exile were authorised to return to the country without any necessity for visas. The Government considers that the adoption of all these measures and the certainty that freedom of association is now respected in the country should enable the Committee to terminate a case which relates to events that occurred during a period which has come to an end.

B. B. The Committee's conclusions

1. 14. The allegations before the Committee in the present case relate to events which took place in 1953 and 1954 ; the then Peruvian Government is alleged to have introduced a reign of terror harmful to the trade union movement. Many workers and trade unionists are stated to have been detained and tortured. As examples, the complaining organisation mentions the names of two trade union leaders as having been tortured and sent to a concentration camp. One of these -Simón Herrera Farfani-is stated to have died as a result of ill-treatment. The reply, at a date three years later than the dates of the events referred to in the complaint, comes from the new Government, which assumed power in July 1956. On assuming power the present Government ordered the immediate release of all political-social detainees and authorised all exiles to return to the country unconditionally. The amnesty law of 28 July 1956 terminated all the political-social cases then pending before the courts. The Government's reply cites a statement made by the President of the Republic on 1 January 1957, relating to its social policy and to respect for trade union rights.
2. 15. In a number of earlier cases the Committee took the view that it was purposeless to examine further complaints relating to a political situation which had ceased to exist. In Case No. 13 relating to Bolivia, the Committee, having before it allegations relating to violations of trade union rights by an earlier Government, took the view that though the Government in power could obviously not be held responsible for events which took place under its predecessor it clearly was responsible for any continuing consequences which they may have had since its accession to power. In the present case, the allegations relate to measures of trade union repression occurring some years prior to the accession to power of the present Government. That Government has legally terminated, by an amnesty law, all proceedings pending in respect of political and social matters, and has given full assurances that no persons are being detained because of their trade union activities.

The Committee's recommendations

1. 16. In these circumstances the Committee recommends the Governing Body, having regard to the change in the political situation which has taken place in Peru and to the assurances given by the present Government concerning respect for freedom of association, to decide that no useful purpose would be served by taking any further action in this case.