Interim Report - Report No 90, 1966

Case No 385 (Brazil) - Complaint date: 03-APR-64 - Closed

1. 215. This case has been the subject of four interim reports by the Committee, contained respectively in paragraphs 133 to 152 of its 81st Report, 271 to 277 of its 83rd Report, 474 to 491 of its 85th Report and 209 to 233 of its 87th Report.

216. With regard to the only part of the allegations still outstanding and which had two aspects-one, more general, relating to arrests and sentencing of trade union leaders, and the other relating to the particular case of Mr. Clodsmith Riani - the Committee, in paragraph 233 of its 87th Report, made the following recommendations, which were approved by the Governing Body at its 164th Session (February-March 1966):

1. 233......................................................................................................................................................
2. (b) with regard to the particular case of Mr. Riani:
3. (i) to take note of the Government's statement that, by a judgment of the Tribunal for the Fourth Military Region dated 15 December 1965, Mr. Riani was found guilty of Sub-version contrary to public order and sentenced to 17 years' rigorous imprisonment;
4. (ii) to note the Government's statement that Mr. Riani had appealed against this decision to the Military High Court;
5. (iii) to note the Government's statement that the Brazilian military courts, consisting of the Military High Court and its lower courts, are an integral part of the Brazilian judicial system, of which the Military High Court constitutes the oldest organ, and that Mr. Riani, therefore, was tried by an " impartial and independent judicial authority " within the meaning attached to that terminology by the Committee on Freedom of Association;
6. (iv) to observe that the Government had not acceded to the request made to it to furnish detailed information on the case of Mr. Riani and, in particular, the texts of the judgments rendered;
7. (v) to draw the attention of the Government to the fact that the question as to whether the matter in respect of which sentences had been imposed on trade unionists was to be regarded as a matter relating to a criminal or political offence or a matter relating to the exercise of trade union rights was not one which could be determined unilaterally by the government concerned in such a manner as to prevent the Governing Body from inquiring further into it;
8. (vi) to draw the attention of the Government to the fact that the question at issue was not the application of the legislation of a sovereign State but the question whether there had been any violation of internationally accepted principles governing the exercise of trade union rights or of the Constitution of the International Labour Organisation;
9. (vii) to reaffirm, in these circumstances, the importance of ensuring that, where trade unionists are accused of political offences or common law crimes, they should receive a fair trial at the earliest possible moment by an impartial and independent judicial authority, a principle which represents the application to the questions submitted to the Committee on Freedom of Association of the provisions of articles 9, 10 and 11 of the Universal Declaration of Human Rights and which, having been applied by the Committee in respect of all complaints of a nature similar to those before it in the present case, assumes a quite special importance when the person concerned is a member or deputy member of the Governing Body of the International Labour Office, by reason especially of article 40 of the Constitution of the International Labour Organisation, which provides that members of the Governing Body shall enjoy " such privileges and immunities as are necessary for the independent exercise of their functions in connection with the Organisation " and to draw the attention of the Government to the importance attached by the Governing Body and the Conference to the discharge of those obligations;
10. (viii) to urge the Government once again to furnish the text of the judgment by which Mr. Riani was sentenced to 17 years' rigorous imprisonment and of the reasons adduced therein;
11. (ix) to request the Government to inform the Governing Body as to the result of the appeal lodged by Mr. Riani and to furnish the text of the judgment and of the reasons adduced therein and, generally, to keep the Governing Body informed of any further developments in connection with the case of Mr. Riani;
12. (c) to request the Government once again to furnish the texts of the judgments handed down or to be handed down in the cases of the other trade union leaders named by the World Federation of Trade Unions and referred to in paragraphs 227 and 228 above, together with the reasons adduced therein;
13. (d) to request the Government to furnish the texts of the judgments given by the courts of first instance and, when they are handed down, of the judgments of the appellate court, together, in both cases, with the reasons adduced therein, in respect of the persons named by the Latin American Federation of Christian Trade Unionists and referred to in paragraphs 230 and 231 above.
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15. 217. The above conclusions were brought to the notice of the Government by a letter dated 9 March 1966, to which the Government replied by a communication dated 20 May 1966.
16. 218. With this communication the Government transmitted to the I.L.O the judgment against Mr. Riani by the Tribunal for the Fourth Military Region, together with the reasons adduced therein. It furnished also the text of the statement respecting the appeal lodged by Mr. Riani drawn up by the Attorney-General for cases before military tribunals. As regards the latter text the Government observes in its reply that the Public Prosecutor's Department has expressed itself to be in favour of a partial revision of the judgment so as to provide for a sentence of ten years' imprisonment instead of the sentence of 17 years imposed on the person concerned by the court of first instance. The Government states also that the appeal proceedings are pending and that, when they have terminated, it will forward to the Office the text of the judgment and of the reasons adduced therein.

The Committee's recommendations

1. 219. The reply of the Government forwarding the text of the judgment of the court of first instance having been received by the Office only on 20 May 1966, the Committee decided to adjourn its examination of this text until its next meeting and recommends the Governing Body to take note of the information already furnished by the Government, to note that the Government has stated that it will forward the judgment of the appellate court when it has been given, to request the Government to be good enough to furnish also the information indicated in subparagraphs (c) and (d) of paragraph 233 of the 87th Report of the Committee, cited in paragraph 216 above, and to adjourn the examination of the case until the further information requested from the Government has been received.