Interim Report - Report No 233, March 1984

Case No 1098 (Uruguay) - Complaint date: 15-DEC-81 - Closed

COMPLAINTS PRESENTED BY THE INTERNATIONAL CONFEDERATION OF FREE TRADE UNIONS, THE WORLD FEDERATION OF TRADE UNIONS THE NATIONAL WORKERS CONVENTION OF URUGUAY AND THE PERMANENT CONGRESS OF TRADE UNION UNITY OF LATIN AMERICAN WORKERS AGAINST THE GOVERNMENT OF URUGUAY

• COMPLAINTS PRESENTED BY THE INTERNATIONAL CONFEDERATION OF FREE TRADE UNIONS, THE WORLD FEDERATION OF TRADE UNIONS THE NATIONAL WORKERS CONVENTION OF URUGUAY AND THE PERMANENT CONGRESS OF TRADE UNION UNITY OF LATIN AMERICAN WORKERS AGAINST THE GOVERNMENT OF URUGUAY
  382. 382 The Committee examined these cases at its sessions in November 1982 and May 1983, submitting on both occasions an interim report to the Governing Body.[See 218th Report, paras. 631 to 654 and 226th Report, paras. 141 to 153, approved by the Governing Body at its 221st and 223rd Sessions in November 1982 and May-June 1983 respectively.] Subsequently, the Government sent additional information in communications dated 2 June and 5, 7 and 11 September 1983.
  383. 383 Uruguay 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. 384. When the Committee examined this case at its May 1983 Session, it made the following recommendations on the allegations which were pending:
2. The Committee requests the Government to explain, as soon as possible, the facts which gave rise to the trial, sentencing or detention of the 37 trade union leaders and trade unionists mentioned in the attached list of detained persons supplied by the CNT.
3. The Committee notes that the Government has ordered inquiries to be made to ascertain the whereabouts of the dockworker trade unionist Pedro Ortiz and will inform the Committee of the outcome.
4. The Committee expresses the hope that, in view of the delicate state of health of the trade unionist Alberto Altesor, the Court will decide on his early release shortly. The Committee requests the Government to communicate the text of the decision taken.
5. The Committee again requests the Government to take measures to secure the release of the trade union leaders and trade unionists Alberto Casas Rodríguez, Daniel Uriarte Pintos, Gene Mateos Calvete, Nelson Cuello Camejo, Ramón Freire Pizzano, Armando Coronel Báez, Humberto Bonelli, Helvecio Bonelli Arias, Alberto Urruty Pizzaro and Elbio Quinteros Bethancourt and to inform it of any action taken in this respect.[See 226th Report, para. 153.]
6. B. The Government's reply
7. 385. The Government states that on 31 March 1983, the Military Supreme Court granted Alberto Altesor's early release, basically on the grounds of his state of health.
8. 386. The Government also states that the inquiries carried out by the Ministry of the Interior, upon the Committee's request, to ascertain the whereabouts of Pedro Ortíz, had given the following results: Pedro Ortíz had not been, neither was he in detention; on 13 February 1982, a foreign radio station gave the false information that Mr. Ortíz had been detained in Uruguay; even although Mr. Ortíz is not on any list of passengers who entered or left the country since 1 January 1982, the possibility that he might have left the country cannot be ruled out especially as, in view of the long-standing and cordial relations that Uruguay has with its neighbouring countries, controls on persons entering or leaving the country are flexible.
9. 387. Concerning the list of detained, tried and sentenced persons, contained in an annex to the Committee's 226th Report, the Government states that Jorge Luis Bessio, Neber Corral and Raúl López have been unconditionally released. With respect to the other 34 persons mentioned in this list and the Committee's request that an explanation should be given as to the facts which gave rise to their trial, sentencing or detention, the Government points out that it has already provided full information on 33 of these persons and refers the Committee to its previous replies; with respect to the remaining person (Rubén Bello García), the Government states that he was arrested on 25 March 1979 and sentenced in the Court of Second Instance, on 4 June 1981, to ten years' imprisonment, without right of appeal, for offences committed under Section 60(V) of the Military Penal Code ("Subversive associations") and under Section 60 (I) (6) in conjunction with Section 60 (XII) of the Military Penal Code ("Conspiracy against the Constitution followed by preparatory acts"). His sentence will terminate on 25 March 1989.

C. The Committee's conclusions

1. 388. The Committee notes with interest that, in accordance with its request, the Military Supreme Court granted the early release of the trade unionist Alberto Altesor, in view of his state of health.
   • The Committee also notes the outcome of the inquiries carried out to ascertain the whereabouts of the dockworker trade unionist Pedro Ortiz. The Committee further notes that the trade unionists Jorge Luis Bessio, Neber Corral and Raúl López have been unconditionally released.
2. 389. The Committee notes that, in connection with its request to the Government to explain the facts which gave rise to the trial, sentencing and detention of the other 34 persons, the Government states that it has already provided full information in its present or former replies. In this respect, the Committee must point out that the Government merely listed the types of offences which the persons in question had allegedly committed. Most of the offences listed relate to "subversive association", "conspiracy against the Constitution" and other criminal actions, and there is no way of ascertaining if the detention, trial or sentencing of those concerned was linked to the exercise of trade union activities; the Committee therefore requests the Government once again to state the concrete facts leading to their arrest and to indicate whether they are still detained.
3. 390. Finally, the Committee recalls that it requested the Government to take measures to secure the release of ten trade union leaders and trade unionists (Alberto Casas Rodríguez, Daniel Uriarte Pintos, Gene Mateos Calvete, Nelson Cuello Camejo, Ramón Freire Pizzano, Armando Coronel Báez, Humberto Bonelli, Belvecio Bonelli Arias, Alberto Urruty Pizarro and Elbio Quintero Bethancourt) and to inform it of any action taken in this respect. As the Government has not submitted any information on this matter, the Committee can only reiterate its request.

The Committee's recommendations

1. 391. In these circumstances, the Committee recommends the Governing Body to approve this interim report, and in particular the following conclusions:
   • (a) The Committee notes with interest that, in accordance with its request, the Military Supreme Court has granted the early release of the trade unionist Alberto Altesor, in view of his state of health. The Committee also notes the outcome of the inquiries carried out by the authorities to ascertain the whereabouts of the dockworker trade unionist Pedro Ortiz. The Committee further notes that the trade unionists Jorge Luis Bessio, Neber Corral and Raúl López have been unconditionally released.
   • (b) Although the Committee notes that the Government has stated the types of offences allegedly committed by the 34 trade unionists mentioned in the attached list, it requests the Government to indicate the concrete facts leading to their arrest so that it might ascertain if their detention, trial or sentencing was linked to the exercise of trade union activities. The Committee asks the Government to supply information on the situation of these persons, in particular whether they are detained.
   • (c) The Committee requests the Government once again to take measures to secure the release of the trade union leaders and trade unionists Alberto Casas Rodriguez, Daniel Uriarte Pintos, Gene Mateos Calvete, Nelson Cuello Camejo, Ramón Freire Pizzano, Armando Coronel Báez, Humberto Bonelli, Helvecio Bonelli Arias, Alberto Urruty Pizarro and Elbio Quinteros Bethancourt and to inform it of any action taken in this respect.

Z. ANNEX

• LIST SUPPLIED BY THE CNT OF DETAINED TRADE UNION OFFICIALS AND MEMBERS
• Detained
• Morales, Milton Union official (transport workers).
• Tried
• Calleros, David UTE official
• Eguren, Jesús Union official (textile workers)
• López, Jaime Union official (textile workers)
• Martínez, María Union official (leather workers)
• Mechoso, Carlos, Union member (graphic arts workers)
• Meirelles, Roberto SAG official
• Silva, Dimar Conoprole official
• Sentenced
• Alvarez, Jorge Union member (bank employees)
• Bello, Rubén Union official (dockworkers)
• Brugnole, Diego Union official (bank employees)
• Bugarín, Jaime Union member (bank employees)
• Durante, Julio Union member (graphic arts workers)
• Glisenti, José Union member (bank employees)
• Guerrero, Carlos UNTMRA official
• Guzmán, Miguel SUNCA official
• Ibarra, Yolanda FUM official
• Iguini, Luis Secretary-General of COFE and CNT
• Larraya, Raúl Union member (bank employees)
• Lasena, Wilman ANCAP official
• Laurenzo, Francisco APU member
• León, Waldemar de SUNCA official
• Lev, León Union member (bank employees)
• Longo, Miguel Union official (bank employees)
• Maiorana, Francisco Official of the Federation of Railway Workers
• Martiello, Guillermo Union member (transport workers)
• Moreira, Leandro Union member (bank employees)
• Ortiz, Rogelio UNTMRA official
• Quintana, Norberto Official of the National Federation of Telecommunication Workers and of COFE
• Reyes, Ramón R. ANCAP official
• Rivero, Tomás Union member (transport workers)
• Rodríguez Belleti, Washington Union official (sugarcane workers)
• Rossi, Hugo Union official (dockworkers)
• Torres, Edgardo Union official (textile workers)