Interim Report - Report No 253, November 1987

Case No 1190 (Peru) - Complaint date: 23-MAR-83 - Closed

1. 246. The Committee last examined Case No. 1190 at its meeting in May 1986 when it presented an interim report to the Governing Body (see 244th Report, paras. 276 to 295, approved by the Governing Body at its 235th Session (May-June 1986)). The Committee had previously examined the case in May 1984 and in May 1985, when it likewise presented interim reports to the Governing Body (see 234th and 239th Reports, paras. 500 to 520 and 226 to 242, respectively, approved by the Governing Body at its 226th and 230th Sessions (May-June 1984 and May-June 1985)).
2. 247. Following the latest examination of the case in May 1986, the Government sent a communication dated 9 October 1986 with information on certain aspects of the case, indicating that as soon as it received additional information from the judicial authorities it would transmit this to the Committee.
3. 248. At its meeting in February 1987, the Committee indicated that it was awaiting receipt of the additional information referred to (see 248th Report, para. 7).
4. 249. Not having received any further information from the Government since then, the Committee, at its meeting in May 1987, drew the Government's attention to the fact, in conformity with the procedural rules set out in approved by the Governing Body, it would present a report at its next meeting on the substance of the case even if the Government's observations or information were not received in time. The Committee accordingly requested the Government to transmit its observations as a matter of urgency (see 251st Report, para. 13). No further observations have so far been received from the Government.
5. 250. Peru has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No.087),and the Right to Organise and Collective Bargaining Convention, 1949 (No.098).

A. Previous examination of the case

1. 251. When the Committee examined Case No. 1190 at its meeting in May 1986, it submitted the following recommendations to the Governing Body on the outstanding issues (see 244th Report, para. 295, approved by the Governing Body at its 233rd Session (May-June 1986)):
   • As regards the arrest of 84 persons as a result of the national strike of 10 March 1983, the Committee again requests the Government to provide information on their situation and, in particular, to indicate whether these 84 persons are still under arrest, if they have been tried and sentenced, or released.
   • With regard to the arrest of three leaders of the CGTP who had apparently been jailed as a result of the national strike of 10 March 1983, namely Jorge Rabines Bartra, Hernán Espinoza Segovia and Juan Calle Mendoza, the Committee again requests the Government to indicate whether these persons were in fact arrested, if they are at present under arrest of if they are free.
2. 252. In its communication dated 9 October 1986, the Government stated that Jorge Rabines Bartra and Juan Calle Mendoza were listed as "not detained" in the report presented by the Fourth Criminal Prosecutor's Office to the 19th Magistrate's Court in Lima. The Government added that in the report there was no mention of any proceedings being taken against Mr. Hernán Espinoza Segovia and that as soon as it received additional information on the outstanding allegations it would transmit it to the Committee.

B. The Committee's conclusions

1. 253. Before examining the substance of the case, the Committee considers that it should recall the considerations which it set out in its First Report (para. 31) and which it has had occasion to repeat on numerous occasions: The Committee its convinced that, if the procedure protects governments against unreasonable accusations, governments on their side should recognise the importance for their own reputation of formulating, so as to allow objective examination, detailed factual replies to the allegations brought against them.
2. 254. The Committee greatly regrets that the Government has not sent all the information requested by the Committee and that, owing to the length of time that has elapsed, it is now obliged to examine the case without the benefit of having all the facts at its disposal.
3. 255. The Committee notes that the allegations pending refer to the detention of 84 trade unionists and of trade union leaders Hernán Espinoza Segovia, Jorge Rabines Bartra and Juan Calle Mendoza as a result of the national strike held on 10 March 1983. The Committee notes that, according to the information supplied previously by the Government, Hernán Espinoza Segovia has not been indicted and that Jorge Rabines Bartra and Juan Calle Mendoza are listed as "not detained" in the report presented to the 19th Magistrate's Court in Lima. The Committee requests the Government to provide additional information on the situation of these two trade union leaders (specifying whether they have been charged and the stage the proceedings, if any, have reached) and to send specific observations concerning the alleged detention of 84 trade unionists.

The Committee's recommendations

1. 256. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • a) The Committee greatly regrets that once again the Government has not sent all the information requested on the outstanding allegations (detentions as a result of the national strike of March 1983).
   • b) The Committee requests the Government to provide additional information on the situation of trade union leaders Jorge Rabines Bartra and Juan Calle Mendoza (specifying, in particular, whether they have been charged, and the stage the proceedings, if any, have reached) and to send specific observations concerning the alleged detention of 84 trade unionists.