Interim Report - Report No 236, November 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
  354. 354 The Committee examined these cases at its November 1982, May 1983 and February 1984 meetings, when it submitted interim reports to the Governing Body (see 218th Report of the Committee, paragraphs 631-654, 226th Report of the Committee, paragraphs 141-153, and 233rd Report of the Committee, paragraphs 382-391, which were approved by the Governing Body at its 221st, 223rd and 225th Sessions in November 1982, May-June 1983 and February 1984 respectively). The Government has since sent additional information in a communication dated 25 May 1984.
  355. 355 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 cases

1. 356. When the Committee examined these cases at its February 1984 meeting, it made the following recommendations on the allegations which were pending.
2. "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 ('subversive association', 'conspiracy against the Constitution', etc.), 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."
3. "The Committee requests the Government once again to take measures to secure the release of the trade union leaders and trade unionists Alberto Casas Rodríguez, Daniel Uriarte Pintos, Gene Mateos Calvaete, 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."
4. B. The Government's reply
5. 357. The Government, referring to the concrete facts which led to the trial of the persons mentioned in the annex to the last report of the Committee, states that the competent court has provided a summary report, in accordance with the limitations established by the Constitution of the Republic in article 118, paragraph 2. This report indicates that the measures were ordered on the basis of proof of such acts as the following: possession of weapons, target practice, distribution of clandestine pamphlets, collection of contributions in cash, propaganda activities, transmission of instructions, compilation of information, forging of documents, organisation of clandestine medical clinics, use of false identification documents, attacks with rocket launchers, attacks on commercial premises, printing and distribution of leaflets, training in the shadowing of individuals, route march practice in the interior of the country, storage of weapons and contacts with other terrorist movements. All these activities were undertaken for the benefit of the Communist Party, after the latter had been declared illegal by Decree 1026/973 of 28 November 1973 for having set itself up as an instigator and instrument of subversion, ". encouraging an artificial class struggle in order to destroy national unity and the national economy and attacking the basic principles of the constitutional regime; freedom, the family, education, labour, property and, in short, the human person".
6. 358. With reference to the Committee's request that the Government take measures to secure the release of ten persons, the Government indicates that although the decision will have to be taken by the competent court, it has transmitted the request to that jurisdiction, and has also expressed the hope that the request will be acted upon. The Government states that it will communicate immediately any decision which is taken in this regard.

C. The Committee's conclusions

1. 359. The Committee notes that the Government has transmitted to the judicial authorities the Committee's request that measures be taken to secure the release to the ten trade union leaders and trade unionists and has also expressed its hope that the request will be heeded. The Committee requests the Government to keep it informed of any decision taken in this regard.
2. 360. With reference to the list of 34 trade unionists who were detained, tried or sentenced and in respect of whom the Committee had requested the Government to indicate the concrete acts of which they were accused, the Committee observes that the Government has indicated in a general manner the acts which led to their trial, and has indicated that the activities of which they were accused were undertaken for the benefit of the Communist Party. The Committee observes that some of these activities have no connection whatsoever with freedom of association and that they constitute offences under ordinary law (possession of weapons, forging of documents, use of false identity documents, attacks with rocket launchers, attacks on commercial premises, etc.). However, some of the other activities of which they are accused might have been carried out within the framework of trade union activities regardless of whether they were calculated to favour the objectives of the Communist Party. This would seem to be the case, for example, with the collection of monetary contributions and the printing and distribution of leaflets. The Committee therefore requests the Government to re-examine the situation of these persons with a view to the release of those who may have been detained for having engaged in activities of a trade union character. The Committee requests the Government to supply information on this matter.

The Committee's recommendations

1. 361. In these circumstances, the Committee recommends the Governing Body to approve this interim report and, in particular, the following conclusions.
   • (a) The Committee notes that the Government has transmitted to the judicial authorities the Committee's request that measures be taken to secure the release of ten trade union leaders and trade unionists and that it has also expressed the hope that this request will be heeded. The Committee requests the Government to keep it informed of any decision taken in this regard.
   • (b) With reference to the list of 34 trade unionists detained, tried or sentenced in respect of whom the Committee had requested the Government to indicate the concrete acts of which they were accused, the Committee observes that the Government has indicated in a general manner the acts which led to their trial and that some of these activities have no connection whatsoever with freedom of association and constitute offences under ordinary law. However, some of the other activities of which they are accused might have been carried out within the framework of trade union activities. The Committee therefore requests the Government to re-examine the situation of these persons with a view to the release of those who may have been detained for engaging in activities of a trade union character. It also requests that the Government supply information on this matter.