Definitive Report - Report No 157, June 1976

Case No 807 (United States of America) - Complaint date: 28-NOV-74 - Closed

1. 60. The Committee last examined this case at its session in May 1975 when it submitted to the Governing Body an interim report which is contained in paragraphs 179-184 of its 151st Report (approved by the Governing Body at its 196th Session in May 1975).
2. 61. The United States of America has not ratified the Right of Association (Non-Metropolitan Territories) Convention, 1947 (No. 84) nor the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), or the Right to organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 62. The WCL had stated in its complaint that José Luis Figueroa, vice-President of the Hermandad de Trabajadores of Puerto Rico had been assassinated on 19 November 1974. He had been at the head of a group of workers striking in support of their claims. In order to disrupt and stop the strike, the owners of the works concerned and the Government had used special squads of armed men, one of whom had killed the trade union leader.
2. 63. Along with its reply the Government had communicated a copy of the documents relating to the case, as well as the reports of the assistant district attorney responsible for the case and of the acting secretary of justice in Puerto Rico. These reports stated, in particular, that there were differences of views between two unions representing different categories of workers in a plant. One of these unions, of which Mr. Figueroa was the President, had initiated a strike and placed pickets in front of the entrance to the undertaking. According to the reports, it was at this place that the victim had an argument with a member of the other union and was later killed by a shot fired by the brother of that person. It was also stated in the reports that the three policemen on the spot endeavoured to prevent confrontations between the members of the two unions and helped in the inquiry into the death of Mr. Figueroa.
3. 64. The Government stated that in the light of the investigation carried out by the assistant district attorney of the district of Guayama, Mr. Figueroa had not been killed by any government official or agent of the owners of the works concerned, but by a certain Ismael Alvarado Cintrón (a non-union employee of the company), who also wounded two other workers. The latter had been charged with murder and offences under the weapons law and released upon payment of $9,500 bail. According to the documents communicated, the lower court had decided that there were insufficient grounds for an indictment of murder and the prosecutor had demanded a new investigation of the case by the Superior Court in Puerto Rico which was due to hear the case on 27 February 1975.
4. 65. The Committee, noting that the detailed information submitted by the Government on the death of this trade union leader showed, in particular, that a new investigation of the case had been undertaken by the superior court in Puerto Rico, recommended the Governing Body to request the Government to transmit information on the subsequent action taken in the legal proceedings undertaken as well as a copy of the judgement rendered.
5. 66. In a communication dated 7 July 1975 the Government indicated that, on 27 May 1975, Ismael Alvarado Cintrón pleaded guilty to voluntary homicide regarding the death of Mr. Figueroa, two charges of attempt to commit homicide and two charges of violating the Puerto Rico weapons law. Sentencing was due to take place on 22 August 1975.
6. 67. In a further communication dated 22 October 1975 the Government communicated the texts of the sentences issued by the Superior Court in Puerto Rico against Mr. Cintrón. These were as follows: five to eight years on the voluntary homicide charge; one to three years on the two charges of attempt to commit homicide; six months on the charge of violating Article 6 of the Puerto Rico weapons law; and two to four years on the charge of violating Article 8 of the Puerto Rico weapons law. These sentences were suspended in conformity with Law No. 259 of 3 April 1946 and Mr. Cintrón was placed on probation for the period of the maximum sentence.

B. B. The Committee's conclusions

1. 68. In cases where disorders have occurred involving the loss of human life the Committee has stressed the importance of an independent commission of inquiry being established by the Government in order to ascertain the facts and determine the responsibilities for the action taken. In the present case, the person responsible for the death of José Luis Figueroa was arrested and brought before the regular judicial authorities of Puerto Rico. Having pleaded guilty to the various charges brought against him, the accused was convicted by the Superior Court of Puerto Rico and given a suspended sentence.

The Committee's recommendations

1. 69. The complainants have alleged that squads of armed men were used by the employers and the Government to put an end to the strike and that the person responsible for the death of Mr. Figueroa was one of these men. This allegation is not supported by any evidence from the complainants nor by any other information made available to the Committee. In these circumstances, the Committee, while deploring the events which led to the death of Mr. Figueroa and the wounding of two other workers, recommends the Governing Body to decide that the case calls for no further examination.