Interim Report - Report No 127, 1972

Case No 632 (Brazil) - Complaint date: 08-JUN-70 - Closed

1. 198. The Committee examined this case previously at its session in February 1971, when it submitted an interim report, contained in paragraphs 127 to 143 of its 122nd Report, which was approved by the Governing Body at its 182nd Session (March 1971). In this report, certain additional information was requested from the Government, it being understood that the Committee would submit a further report as soon as the said information had been received.
2. 199. The Government has forwarded two further communications relating to the matter dated respectively 18 and 20 October 1971.

A. A. The complainants' allegations

• Allegations relating to Mr. Olavo Hansen
  200. 200 The Committee recalls that the allegations relating to Mr. Olavo Hansen had been presented by the Latin American Federation of Christian Trade Unions (CLASC) in a communication dated 8 June 1970, by the World Confederation of Labour (WCL) in a communication dated 17 June 1970 and by the World Federation of Trade Unions (WFTU) in a communication dated 19 June 1970. The Government had forwarded its observations in a communication dated 27 October 1970. The complainants allege that a trade unionist of São Paulo, one Olavo Hansen, was arrested together with 16 of his colleagues during the officially authorised May Day celebrations at the sports ground " Maria Zélia " in São Paulo. It is further alleged that Hansen was subjected to lengthy interrogation by the Political police (the DOPS) and so badly treated that when he got back to his cell he could no longer stand. For several days he was abandoned to his cot; he could neither get up, speak, nor urinate. On 13 May his corpse was found near the Ipiranga Museum: it was covered with lesions and contusions-the product of the brutal tortures to which he had been subjected. His death was officially registered on 9 May 1970, but his family was informed only on 13 May 1970 (the date on which his corpse was discovered).
  201. 201 Two of the complainants (the WCL and CLASC) ask for the establishment by the ILO of a commission of inquiry to carry out an on-the-spot investigation in Brazil in view of the repeated and serious infringements of freedom of association and human rights in that country.
  202. 202 The Government, in its communication of 27 October 1970, replies to the complainants' allegations concerning Mr. Olavo Hansen. The Government's reply consists essentially in a summary Magistrate of an official investigation carried out by the Public Prosecutor's Office to determine the cause of death of Mr. Olavo Hansen. According to this information, Olavo Hansen and certain others were arrested on 1 May 1970 at the " Vila Maria Zélia " Sports Stadium and a police inquiry was opened into their attempt against the security of the State, that is to say, their having distributed subversive pamphlets. The Government advises that Hansen was a militant member of the Trotskyist wing who had already been brought to trial before a military court in 1964 and who maintained contact with individuals charged with crimes against national security as well as being an agent for the newspaper Frente Operária (an organ of the Revolutionary Workers' Labour Party).
  203. 203 The Government further states that after Hansen had been handed over to the No. 1 Police Battalion and then to the Operação Bandeirantes (OBAN), he was interrogated by the Department of Political and Social Order (DEOPS) on 4 May 1970. Mr. Dias, who carried out the preliminary questioning, noted that at the time " he showed no signs of any injury or ill treatment ".
  204. 204 It is further stated that on 8 May, Hansen said he did not feel well and asked for a doctor. He was examined by Dr. Ciscato (the physician of the Policlinic of the Department of Political and Social Order), who ordered him to be taken to the Army General Hospital in São Paulo, where he was given a bed and suitable treatment. He died at about 6 a.m. the following morning (9 May): the cause of death was established by the duty doctor at the hospital as being kidney failure due to a chronic and finally acute condition. The post-mortem report of the same date stated that internal examination of the body was negative from the anatomopathological and forensic standpoints. However, a toxicological examination of the stomach content, of the liver and of a blood sample was positive in revealing the existence of the insecticide " Paration ".
  205. 205 The Government further states that up to the evening of his arrest Hansen had been working at the " Industria Agro-Pecuaria ", an undertaking which handles fertilisers and insecticides, the latter including a product called " Paration" While it was not established that he had any of this product on his person at the time of his arrest, the police thought it possible that he might have had some hidden in his clothing or about his person. The Government further advises that Dr. Ciscato claims that when he examined Hansen on the night of 8 May, Hansen told him that he had long suffered from kidney trouble and was in fact undergoing treatment for it: Dr. Ciscato was of the opinion that Hansen died from kidney failure.
  206. 206 The Government states, in conclusion, that the investigation into the cause of Hansen's death revealed exogenous poisoning by the insecticide " Paration " (as the most likely cause of death) since all the evidence went to show that at the time of his arrest he either had a quantity of this poison on his person, or else was suffering from chronic poisoning which led to kidney failure. The Government accordingly maintains that since he was in this condition prior to his admission to the military hospital and since he received proper medical treatment at the hospital, his death was natural and could not therefore be attributed to any third parties.
  207. 207 The Committee pointed out at its session in February 1971 that, in cases of this kind, where it is alleged that the death of a person has a direct bearing on the exercise of trade union rights, the Committee has invariably stressed the desirability of the Government's instituting an immediate and impartial inquiry in order to elucidate the facts and t q, determine responsibilities. In the present case it appeared to the Committee from the Government's reply that an inquiry had been held and that the inquiry had concluded that no third party could be held responsible for Hansen's death.
  208. 208 The Committee, however, felt bound to point out that while the inquiry concluded that Hansen died on 9 May 1970 as a result of " Paration " poisoning operating on a kidney condition, the Government does not present any comments or observations with regard to the allegation that Hansen's bruised and battered corpse had been found outside the Museum of Ipiranga on 13 May 1970, the day on which Hansen's family was notified of his death. The Committee considered that it required further information from the Government in order to enable it to come to conclusions on the complaint.
  209. 209 As regards the requests made by CLASC and the WCL on 8 and 17 June 1970 respectively for the establishment by the ILO of a commission of inquiry to carry out an on-the-spot investigation in Brazil in view of the repeated and serious infringements of freedom of association and human rights in that country, the Committee considered it premature to make any recommendation concerning these requests until the Government had had an opportunity of providing this further information.
  210. 210 In all these circumstances, the Committee recommended the Governing Body:
       • (a) to request the Government to supply detailed information concerning the procedure followed during the interrogation of Mr. Olavo Hansen;
       • (b) to request the Government to communicate its observations concerning the allegations according to which the body of Olavo Hansen was found, covered with lesions and contusions, near the Ipiranga Museum on 13 May 1970, as well as the text of the judgement delivered and the grounds adduced therefor.
  211. 211 In its latest communication, dated 20 October 1971, the Government confines itself to pointing out that, as stated in the information supplied previously, Mr. Olavo Hansen was detained as a result of his subversive activities, as laid down in the law, and not as a result of his trade union activities. The Government repeats that Mr. Olavo Hansen died in the military general hospital of São Paulo, a fact which, in its opinion, removes any basis from the allegations referred to in the preceding paragraph.
  212. 212 In the light of this communication, which does not reply fully to what was requested, the Committee considers it necessary to draw the attention of the Government to the following observation, contained in its first report: " The purpose of the whole procedure is to promote respect for trade union rights in law and in fact, and the Committee is confident that, if it protects governments against unreasonable accusations, governments on their side will recognise the importance, for the protection of their own good name, of formulating for objective examination detailed factual replies to such detailed factual charges as may be put forward."
  213. 213 The Committee regrets the fact that the Government has not supplied the information which had been requested concerning certain precise allegations put forward by the complainants, thus making it impossible for the Committee to throw any light on the circumstances of the case and to reach its conclusions in full knowledge of the facts.
  214. 214 In these circumstances, in view of the contradictions which exist between the allegations formulated and the information supplied by the Government, the Committee decided to request the complainants to furnish any precise information and evidence at their disposal concerning the circumstances surrounding the death of Mr. Olavo Hansen and the discovery of his body.
  215. 215 Accordingly, the Committee recommends the Governing Body:
       • (a) to express its regret that the Government has failed to supply the information which had been requested concerning allegations of a most serious nature;
       • (b) to note that the Committee has decided to request the complainants to supply the additional information mentioned in the preceding paragraph.
  216. Allegations concerning Messrs. Victorio Chinaglia, Marco Antonio Moro, Demisthoclides Batista and Herval Arueira
  216. 216 The WCL, in its communication of 30 November 1970, alleged that a number of other trade unionists had been persecuted by the authorities for carrying out their trade union activities: Vitorio Chinagli, President of the Male Nurses' Union of Campinas (State of São Paulo) was kept in custody from April until August 1970 and was maltreated by the police during interrogation; Marco Aurelio, a trade union counsel, working in Campinas (State of São Paulo) was kept in custody during the month of April and was tortured during the preliminary interrogation; it is not known whether or not be is still in prison; Aristocles Batista, President of the Railwaymen's Union, Ferro Leopoldina (Rio de Janeiro) was condemned to eight years' imprisonment; Ahuera, also from Ferro Leopoldina, was condemned to several years' imprisonment after having been tortured while awaiting trial.
  217. 217 Since the Government had not forwarded its observations on these allegations, the Committee, at its session in February 1971, recommended the Governing Body to request the Government to supply them.
  218. 218 These observations are contained in the Government's communication dated 18 October 1971.
  219. 219 The Government, in the first place, indicates that the exact names of the persons mentioned are probably as follows: Victorio Chinaglia and not Vitorio Chinagli; Marco Antonio Moro and not Marco Aurelio; Demisthoclides Batista and not Aristoclides Batista; Herval Arueira and not Ahuera.
  220. 220 The Government provides the following information with regard to these persons. Mr. Victorio Chinaglia is free and there are no proceedings outstanding against him, although police inquiries have revealed that he is a member of a terrorist group and, because of this, he is in breach of the state security law. Mr. Batista was sentenced to three years' imprisonment after a regular trial for violation of section 34 (a) of Law No. 1802 of 1953, which defines crimes against the State and the political and social order. Mr. Arueira has also been imprisoned for breach of section 13 of Law No. 1802 of 1953: this section lays down a penalty of imprisonment for two to five years for persons who incite, organise, direct or assist the paralysing of the public services and the provisioning of cities. The counsel, Moro, has also been imprisoned, by order of the competent judicial authority, after being questioned concerning his participation in the " Alliance for National Liberation ", a clandestine political movement which incites and carries out terrorist acts.
  221. 221 Finally, the Government states that the persons in question have not been deprived of their liberty for trade union activities and that some of them have never had trade union functions or taken part in trade union politics. Messrs. Batista and Arueira were sentenced for committing crimes against the State and against the political and social order and not for exercising their trade union rights, which are recognised and protected by the law of Brazil.
  222. 222 The Committee takes note of the Government's confirmation that Mr. Victorio Chinaglia is free and that he was detained as a result of his membership of a terrorist group. As regards the counsel, Marco Antonio Moro, the Committee considers, on the basis of the information at its disposal, that his detention was in no way connected with his activities as a trade union counsel.
  223. 223 On the other hand, with regard to Messrs. Demisthoclides Batista and Herval Arueira, the Committee considers it appropriate to follow the procedure which it has followed on a number of occasions where it was alleged that trade union leaders had been detained and where the problem was to ascertain the true reason for the measures complained of. Only if these measures have been taken by reason of legitimate trade union activities can there be any infringement of freedom of association, The Committee has established a rule whereby it requests the governments concerned to submit as precise information as possible concerning the arrests, particularly in connection with the legal or judicial proceedings instituted as a result thereof, and the result of these proceedings, in order to be able to make a proper examination of the allegations.In a number of cases the Committee has asked the governments concerned to communicate the texts of any judgements that have been delivered together with the grounds adduced therefor.
  224. 224 In these circumstances, the Committee recommends the Governing Body to request the Government to supply the text of the provisions of Law No. 1802 of 1953, which Messrs. Demisthoclides Batista and Herval Arueira are said to have violated, and the text of the judgements delivered against the persons concerned, together with the grounds adduced therefor.

The Committee's recommendations

1. 225. With regard to the case as a whole, the Committee recommends the Governing Body:
   • (a) as regards the allegations concerning Mr. Olavo Hansen:
   • (i) to express its regret that the Government has failed to supply the information which had been requested concerning allegations of a most serious nature;
   • (ii) to note that, in view of the contradictions which exist between the allegations formulated and the information supplied by the Government, the Committee has decided to request the complainants to furnish any precise information and evidence at their disposal concerning the circumstances surrounding the death of Mr. Olavo Hansen and the discovery of his body;
   • (b) with regard to the allegations concerning the other detained persons, to request the Government to supply the text of the provisions of Law No. 1802 of 1953, which Messrs. Demisthoclides Batista and Herval Arueira are said to have violated, and the text of the judgements delivered against the persons concerned, together with the grounds adduced therefor;
   • (c) to take note of the present interim report, it being understood that the Committee will submit a further report when it has received the additional information requested from the complainants and from the Government in accordance with subparagraphs (a) (ii) and (b) above.