Interim Report - Report No 208, June 1981

Case No 919 (Colombia) - Complaint date: 23-JAN-79 - Closed

1. 247. This case was examined by the Committee in May 1979 and November 1980, when it presented interim reports.
2. 248. Since it last examined the case the Committee has received a communication from the Government dated 13 February 1981.
3. 249. Colombia 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. Previous examination of the case

1. 250. When the case was last examined in November 1980 the following matters remained pending: the death of the trade union leader Pedro Pablo Bello, the arrest and sentencing of trade union leaders and workers, the allegations of ill-treatment suffered by some of the detainees, and the new allegations made by the National Federation of workers in the Service of the State (FENALTRASE) in its communication of 21 September 1979.
2. 251. As concerns the death of Pedro Pablo Bello, a trade union official in the agricultural sector, the complainants alleged that he met his death in the course of repressive action against the peasants and indigenous population. The Government replied that it had not been established that this death was connected with trade union activities, still less that governmental authorities were involved. The Committee recommended the Governing Body to request the Government to indicate whether an inquiry had been conducted into the death of Pedro Pablo Bella, and, if so, to communicate its findings.
3. 252. As concerns the arrest and sentencing of trade union leaders and workers, the complainants alleged that the Government carried out anti-union repression an the pretext of rebellion or the illegal carrying of firearms. The Government replied that the persons concerned were arrested and sentenced because they were acting outside the law and because of their probable links with a subversive movement. The Government added that same of the persons arrested had been sentenced for the illegal carrying of firearms, others remained under arrest and the rest had been released. In a later communication the Government sent information on same of these persons. The Committee requested the Government to supply the text of the sentences pronounced an various trade union leaders, with the reasons adduced therefore, additional information on the facts which led to the arrest of other leaders and workers, and the text of any judgements that might have been given in this connection.
4. 253. As regards the allegations relating to ill-treatment inflicted an arrested trade unionists by the armed forces, the Government denied the accusations and stated that they were unfounded. The Committee recommended the Governing Body to request the Government to indicate whether inquiries had been initiated in connection with the alleged ill-treatment of the persons specifically named by the complainants.
5. 254. As regards the new allegations contained in the communication of the National Federation of workers in the Service of the State (FENALTRASE) dated 21 September 1979, the Government sent a communication setting forth the legal principles relating to the status of official employees in the public sector. The Committee requested the Government to supply concrete information an the various matters raised by FENALTRASE (dismissal or suspension of trade union leaders - a list of wham was sent by the complainant along with information an same of the dismissals - an account of their trade union activities, and prevention of many leaders from continuing their trade union functions following the sanctions; interference by the armed forces with the trade union organisations, resulting in acts of physical aggression against workers in the Judiciary, the arrest of union leaders in the National University and the detention of union leaders and active trade unionists, principally in the Ministry of Finance).

B. Reply of the Government

1. 255. In its communication of 13 February 1981 the Government states that it has no information on the domicile of Mr. Pedro Pablo Bello or any indications making it possible to establish where the alleged events occurred; although it has written to the Trade Union Confederation of Workers of Colombia it has so far received no reply.
2. 256. As regards the trade union leaders who were sentenced, the Government states that Manuel Castillo Ruiseco and Obdulia Prada de Torres are at present being tried by the Military Court of Summary Jurisdiction, which passes judgement an presumed members of the "Revolutionary Armed Forces of Colombia" (FARO) and which has not yet rendered judgement. The Government also states that Salvador Correa Alfaro, José Heriberto Higuita David, Jesús Hermógenes Rodriguez and Hipólito Valderrama Ortiz were put an trial as presumed members of the FARC and that they have now been released.
3. 257. As regards the arrest of the trade union officials and workers mentioned by the complainants, the Government states that Máximo Eduardo Cruz Puentes and José Luis Lozano Laguna were prosecuted for their membership of FARC and that they are at present at liberty; that Elena Isaac Hurtado, Olga López Jaramillo de Roldán and Saturnina Sepúlveda Niño were prosecuted for their presumed links with the "M-19" subversive movement and that they are at present at liberty; and that Jorge Elieser Diaz Russi, Jorge Tulio Legro Tafur, Marghot Clemencia Pizarra, Alfonso Maya Romero, Hernando Solana Bareño, Alvaro Quijano Raza and Henry Vicente Rivera Garcia are at present being tried by the Military Court of Summary Jurisdiction for their membership of the "M-19" subversive group. The Government adds that it has not been possible to obtain information an the alleged imprisonment of Humberto Galeano and Sofia de Panchón.

C. Conclusions of the Committee

1. 258. As regards the death of the agricultural trade union leader Pedro Pablo Bella, the Committee notes that the Government has no indications making it possible to establish where the alleged events occurred. The Committee suggests that contacts should be re-established with the Trade Union Confederation of Workers of Colombia (CSTC) in order to collect the information necessary for the conduct of an inquiry into the reasons for the death of this leader of the CSTC and the circumstances in which it took place.
2. 259. As regards the persons who were sentenced or imprisoned, the Committee notes that Salvador Correa Alfaro, José Heriberto Higuita David, Jesus Hermógenes Rodríguez, Hipólito Valderrama Ortiz, Máximo Eduardo Cruz Puentes, José Luis Lozano Laguna, Elena Isaac Hurtada, Olga López Jaramillo de Roldán and Saturnina Sepúlveda Niña have been released. The Committee also notes that the Government has been unable to obtain information on the alleged imprisonment of Humberto Galeano and Sofia de Panchón and that the following trade unionists are at present being tried for presumed membership of or links with subversive groups: Manuel Castillo Ruiseco, Obdulia Prada de Torres, Jorge Elieser Diaz Russi, Jorge Tulio Legro Tapur, Marghot Clemencia Pizarro, Alfonso Moya Romero, Hernando Solano Bareño, Alvaro Quijano Raza and Henry Vicente Rivera Garcia.
3. 260. The Committee notes that the trade union leaders Hipólito Valderrama Ortiz and Antonio Ruiz Munetón are at liberty, although it must again remark that the Government does not specify whether an inquiry has been initiated into their alleged ill-treatment during the period of their preventive arrest. In this connection the Committee wishes to draw the attention of the Government to the importance which it attaches to the fact that preventive detention should be accompanied by a set of safeguards and limitations to ensure that it cannot be used for purposes other than that for which it is designed and in particular to give protection against ill-treatment.
4. 261. Lastly, the Committee observes that the Government has not replied to the allegations in the communication of 21 September 1979 from FENALTRASE, nor to the allegations relating to the detention of Alfonso Prada and Humberto Serna.

The Committee's recommendations

• Recommendations of the Committee
  262. 262 In these circumstances the Committee recommends the Governing Body to approve the following conclusions:
• The Committee requests the Government to carry out an inquiry into the death of the agricultural trade union leader Pedro Pablo Bello and to communicate its results.
• The Committee notes that some of the arrested trade unionists have been released.
• The Committee requests the Government to communicate the text of any judgements which may be rendered on the following trade union leaders or workers who are at present being prosecuted: Manuel Castillo Ruiseco, Obdulia Prada de Torres, Jorge Elieser Diaz Russi, Jorge Tulio Legro Tafur, Marghot Clemencia Pizarro, Alfonso Moya Romero, Hernando Solano Bareño, Alvaro Quijano Rozo and Henry Vicente Rivera Garcia, with the reasons adduced therefore.
• The Committee draws the attention of the Government to the importance which it attaches to the fact that preventive detention should be accompanied by a set of safeguards and limitations to ensure that it cannot be used for purposes other than that for which it was designed and in particular to give protection against ill-treatment.
• The Committee once again requests the Government to reply to the allegations in the communication of 21 September 1979 from FENALTRASE and to send information on the detention of Alfonso Prada and Humberto Serna.