Interim Report - Report No 135, March 1973

Case No 718 (Dominican Republic) - Complaint date: 28-JUL-72 - Closed

1. 211. The complaint of the world Federation of Trade Unions is contained in a communication dated 28 July 1972 addressed direct to the International Labour Organisation. This complaint was transmitted to the Government, which submitted its observations thereon in a communication dated 19 October 1972.
2. 212. The Dominican Republic has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), as well as the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 213. It is alleged that Mr. Julio de Peña Valdez, Secretary-General of the Dominican National Workers' Confederation (FOUPSA-CESITRADO), was arrested and sentenced to ten years' imprisonment. The reason for this arrest and sentence was that he had allegedly conspired against the security of the State and had been in possession of war material. In fact, say the complainants, Mr de Peña Valdez, as he states in a letter sent to the World Federation of Trade Unions, was apparently condemned because he was the most representative leader of the revolutionary proletariat, because he was the leader of class-conscious trade unionism and because he was "in the forefront of the fight against the oligarchy - dependants of imperialism - which governs despotically" in the Dominican Republic. In the letter which he sent to the WFTU, Mr de Peña Valdez alleged that during nine months he was kept "in a solitary underground cell in inhuman conditions: naked, without air and light, and totally isolated".
2. 214. It is also alleged that Mr. Fernando de la Rosa, Secretary for Workers' Education of the Dominican National Workers' Confederation, was imprisoned although no tribunal had considered that there were any charges against him; this person is alleged to have been in prison since April 1971, and, though his release was ordered to take place a year later, in April 1972, it is alleged that he is still detained.
3. 215. In its comments the Government states, first of all, that by virtue of Article 8, paragraph 11, subparagraph (a), of the National Constitution, the trade union movement in the Dominican Republic is free, provided that in their statutes as in their activities the trade unions observe a democratic organisation compatible with the principles affirmed in the Constitution and strictly for labour ends. The Government points out that it has always respected the provisions of Convention No. 87 by allowing the development without any interference of all trade union organisations which conform with national labour legislation.
4. 216. As far as the case of Mr. Julio de Peña Valdez is concerned, the Government states that the competent tribunals found him guilty of the crime of possessing and trafficking in arms.

B. B. The Committee's conclusions

1. 217. In accordance with the practice it has always followed, the Committee, considering that such information would be useful for judging whether the allegations were founded or not, recommends the Governing Body to request the Government to be good enough to supply the text of the judgement rendered against Mr. Julio de Peña Valdez as well as the grounds adduced therefor.
2. 218. As for the allegations concerning the case of Mr. Fernando de la Rosa (see paragraph 214 above), the Committee notes that the Government refrains in its reply from making any observations on this aspect of the case.
3. 219. The Committee considers that it should recall at this stage that in all cases where trade union leaders are preventively detained these measures may involve a serious interference with the exercise of trade union rights, and wishes to draw attention to the fact that it has always emphasised the right of all detained persons to receive a fair trial at the earliest possible moment.

The Committee's recommendations

1. 220. Accordingly, the Committee recommends the Governing Body to request the Government to be good enough to submit its observations concerning the allegations relating to Mr. Fernando de la Rosa, indicating the present situation of this person, stating whether he has appeared before a national court, and, if so, to supply the text of the judgement rendered as well as the grounds adduced therefor.
2. 221. In these circumstances, and with regard to the case as a whole, the Committee recommends the Governing Body:
   • (a) to request the Government to be good enough to supply the text of the judgement rendered against Mr. Julio de Peña Valdez as well as the grounds adduced therefor;
   • (b) to request the Government to be good enough to submit its observations concerning the allegations relating to Mr. Fernando de la Rosa, indicating the present situation of this person, stating whether he has appeared before a national court, and, if so, to supply the text of the judgement rendered as well as 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 specified in the two preceding subparagraphs.
     • Geneva, 22 February 1973. (Signed) Roberto AGO, Chairman.