Interim Report - Report No 230, November 1983

Case No 1186 (Chile) - Complaint date: 21-MAR-83 - Closed

1. 579. The complaints appear in communications from the International Union of Metallurgy Trade Unions (UISMETAL), the International Confederation of Free Trade Unions (ICFTU) and the World Federation of Trade Unions (WFTU) dated 21, 24 and 28 March 1983, respectively. The Government replied in a communication of 5 May 1983.
2. 580. Chile has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), or the Right to Organise and Collective Bargaining Convention, 1948 (No. 98).

A. The complainants' allegations

1. 581. UISMETAL, the ICFTU and the WFTU allege that on 18 March 1983 the police forcibly entered the headquarters of the Trade Union Confederation of Metallurgy Workers (CONSTRAMET), removed all the equipment and documents of that organisation, and the following day arrested its President, Ricardo Lecaros.
2. 582. The ICFTU adds in its communication of 24 March 1983 that Mr. Lecaros is still being held in custody by the Chilean police, although no charges have been filed against him. The ICFTU further indicates that in 1980 Mr. Lecaros, together with other trade unionists, was tried, convicted and sentenced to 541 days in prison for organising the Confederation.
3. 583. Finally, according to the WFTU, José Enrique Muñoz and Ramón Avello, also CONSTRAMET leaders, were arrested on 24 March 1983 and their present whereabouts are unknown.

B. The Government's reply

1. 584. The Government states that on 18 March 1983, Ricardo Lecaros González, President of the Trade Union Confederation of Metallurgy Trade Unions, was arrested and turned over to the courts. The grounds for his arrest were the discovery at Confederation headquarters of packages containing thousands of pamphlets with texts contrary to public order and security.
2. 585. The Government adds that the Appeals Court of Santiago appointed an examining magistrate to determine whether a crime had been committed and to assign responsibility therefore. Having examined the facts and heard the testimony of the accused, the magistrate ruled that he bore no responsibility for the possible distribution of the pamphlets, and ordered his immediate and unconditional release. It is important to note that the existence of the pamphlets were never at issue, only their presumed distribution, of which Mr. Lecaros was cleared of any responsibility.
3. 586. Finally, the Government states that Messrs. José Enrique Muñoz and Ramón Avello, mentioned in the communication of the World Federation of Trade Unions, are not in custody.

C. The Committee's conclusions

1. 587. The Committee notes that the allegations presented in the present case concern the arrest of three CONSTRAMET trade union leaders, and forcible entry at CONSTRAMET headquarters with confiscation of equipment and documents.
2. 588. As regards the arrest of the CONSTRAMET trade union leaders, the Committee observes that, according to the Government, José Enrique Muñoz is not in custody. In view of the lack of precise and detailed information supplied by the complainants the Committee can only take note of this statement. The Committee further notes that the grounds for the arrest of Ricardo Lecaros were the discovery at CONSTRAMET headquarters of thousands of pamphlets with texts contrary to public order and security, but that the court, having examined the facts and heard the testimony of this trade union leader, ruled that he bore no responsibility for possible distribution of the pamphlets, and ordered his unconditional release.
3. 589. In these circumstances, since no charges were upheld against Mr. Lecaros by the courts, the Committee regrets that this labour leader was held in custody for several days. The Committee draws to the Government's attention the fact that measures of preventive detention taken against trade union leaders constitute an inadmissible interference in trade union activities.
4. 590. Finally, the Committee notes that the Government has not replied to the allegations of forcible entry and confiscation of equipment and documents at CONSTRAMET headquarters. The Committee requests the Government to submit its observations on those issues.

The Committee's recommendations

1. 591. In these circumstances, the Committee recommends the Governing Body to approve the present interim report and, in particular, the following conclusions;
   • (a) In the absence of more precise and detailed information from the complainants, the Committee can only note that, according to the Government, Mr. José Enrique Muñoz is not in custody.
   • (b) The Committee regrets that the trade union leader, Mr. Lecaros, now released, was held in custody for several days.
   • (c) The Committee draws the Government's attention to the fact that measures of preventive detention taken against trade union leaders constitute an inadmissible interference in trade union activities.
   • (d) The Committee requests the Government to reply to the allegations regarding the forcible entry and the confiscation of equipment and documents at the CONSTRAMET headquarters.