Interim Report - Report No 226, June 1983

Case No 1168 (El Salvador) - Complaint date: 26-OCT-82 - Closed

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124. The complaint presented by the World Federation of Trade Unions (WFTU) is contained in a telegram dated 26 October 1982. The WFTU supplied additional information in support of its complaint in a letter of 10 May 1983. The Government transmitted certain observations in letters dated 4 and 14 March 1983.
125. El Salvador has ratified neither the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), nor the Right to Organise and Collective Bargaining Convention, 1949 (No. 96).

126. In its communications, the WFTU denounces the arrest or disappearance in October 1982 of the following trade union leaders: Silvestre Ortiz, treasurer of a sugar refinery trade union, arrested on 9 October, Daniel Avalos, leader of the trade union of dairy products undertaking, and Pablo Ramirez Cornejo, leader of the trade union of industrial workers, both arrested on 10 October, Paul Antonio Castro Palomares, secretary of the Federation of the Unions of Workers in the Food, Clothing, Textile and Allied industries, arrested at his residence on 15 October, Hector Hernandez, second secretary of SETRAS, imprisoned by the rural police, and Berta Alicia Cosme of the trade union FENASTRAS who disappeared on 14 October. The WFTU also refers to numerous other arrests and disappearances of persons whose names are supplied.

127. With its letter dated 4 March 1983, the Government includes the photocopy of a note from the Ministry of Defence and Public Security (Note No. 974 of 22 February 1983 signed by Colonel René E. Auerbach) in which this officer confirms that Daniel de Jesus Avalos de Paz, Pablo Cornejo Ramirez and Paul Antonio Castro Palomares were arrested by the police, the first two on 10 October and the third on 15 October. These three persons are being detained on the instructions of the competent judge and the third is being held at the penal centre of Mariona.
128. In its communication dated 14 March 1983, the Government states furthermore that Verta Alicia Cosme Soto, whose pseudonym is Berta, was arrested with other persons in October 1982 and all of whom have been accused of being members and leaders of organisations engaged in terrorist activities and that they are being held on the instructions of the judge since their trials are now at the stage of preliminary investigation.

129. As regards this case the Committee notes with concern that the Government admits that most of the trade union leaders whose names have been mentioned by the complainants have been held in prison since October 1982 and that their trials are at the stage of preliminary investigation.
130. Consequently, the Committee considers that the Government should take steps to ensure that the persons mentioned in the complainant's communications of October 1982 and May 1983 are released or brought to trial if charges are brought against them. In the latter case, the Committee requests the Government to supply detailed information on the fate of these persons, including the specific charges made against them and in particular the specific acts of which they are accused, the text of the judgements concerning them and details or the whereabouts of the persons who are said to have disappeared.

131. In these circumstances, the Committee recommends the Governing Body to approve the present interim report and in particular the following conclusions:
- (a) The Committee notes with concern that several trade union leaders whose names have been mentioned by the complainant organisation have been held in prison without trial since October 1982.
- (b) The Committee considers that the Government should take steps to ensure that the persons mentioned by the complainant in its communications of October 1982 and May 1983 are released or brought to trial if charges are brought against them. In the latter case, the Committee requests the Government to supply detailed information on the fate of these persons, including the specific charges brought against them and the specific acts of which they are accused, the text of the judgements concerning these persons and on the whereabouts of the persons who are said to have disappeared.