Definitive Report - Report No 133, 1972

Case No 707 (Argentina) - Complaint date: 29-JUN-72 - Closed

1. 44. The complaint by the Latin American Central of Workers was made in a communication dated 29 June 1972 addressed direct to the ILO. It was supported by the World Confederation of Labour in a letter dated 23 August 1972. This was forwarded to the Government, which supplied its own observations in a letter dated 13 October 1972.
2. 45. Argentina 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. A. The complainants' allegations

1. 46. The complainants allege that on 6 January 1972, Mr. Ricardo Beltrán, an active trade unionist in the printing industry, was arrested and tried by a completely unconstitutional " court ". Subsequently, according to the complainants, Mr. Beltrán was imprisoned on board an " old cattle boat (viejo barco ganadero) and placed in inhuman conditions in the dismantled hull of this ship, which had not been used for a long time ".
2. 47. In its comments, the Government states that Mr. Beltrán was arrested and charged by order of a Federal Criminal Court for breach of section 225 of the Criminal Code in that he carried out an armed attack against an Argentine naval post at Zárate (Buenos Aires Province) on 3 January 1972.
3. 48. The Government adds that the accused was first imprisoned in the Northern State Prison. As regards the " old cattle boat " (viejo barco ganadero), the Government explains that it is in fact a prison ship called the " Granadero ", which according to a recent report by the Minister of Justice (quoted by the Government in its reply) complies with the relevant health standards.
4. 49. The Government goes on to state that the accused was provisionally released on 29 June 1972 (a fact confirmed by the World Confederation of Labour in its communication dated 23 August 1972) and that, on 3 July, he was granted a partial, provisional stay of proceedings.
5. 50. According to the information supplied by the Government, it would appear that Mr. Beltrán was charged before a regular court and that the grounds for the proceedings against him were unconnected with his trade union office or activities. For their part, the complainants did not specifically allege that his arrest was due to his trade union membership or activities.

The Committee's recommendations

1. 51. Accordingly, the Committee considers that it has not been proved that there was any connection between the proceedings taken against Mr. Beltrán and the free exercise of his trade union rights, and recommends the Governing Body to decide that the case does not call for further examination on its part.