Report in which the committee requests to be kept informed of development - Report No 230, November 1983

Case No 1191 (Chile) - Complaint date: 31-MAR-83 - Closed

1. 431. The complaint of the International Confederation of Free Trade Unions (ICFTU) is contained in a communication dated 31 March 1983. The ICFTU sent additional information in a communication of 5 May 1983. The Government replied in communications dated 11 May and 13 September 1983.
2. 432. Chile 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. 98).

A. The complainant's allegations

1. 433. The ICFTU alleges that in the early morning of 24 March 1983 (day of public protest against unemployment and the lack of economic and social improvements), armed members of the National Information Agency (CNI) arrested, under Executive Decree No. 4121 of 24 March, 12 persons including the trade unionists Reinaldo Flores del Pino, Alejandro Wladimir Cisterns Canales (former trade union leader in the textile undertaking "Yarrur"), José Enríquez Nuñez Estrella (member of the Youth Department of the Metallurgical Confederation), José Ramón Avello Soto (Chairman of the San Juan Dockyard Trade Union in charge of educational activities at the Metallurgical Confederation and Chairman of the Youth Department of the National Trade Union Co-ordinating Body) and Ricardo Fernández Riquelme (Vice-Chairman of the Building Workers' Trade Union in the city of Concepción). According to the complainant, arrests were made in some cases without an arrest warrant being produced and those concerned were required to sign documents in which only their name was listed. The above-mentioned trade unionists, with the exception of Reinaldo Flores who was released on 25 March 1983, were banished on 29 March 1983 to Pisagua. Furthermore, Ricardo Fernández Riquelme had received blows during his arrest and at the police station, which resulted in bruises on his right shoulder and a scalp wound.
2. 434. The complainant further alleges that on 24 March 1983, 227, persons were arrested in the centre of Santiago, 40 in Valparaiso and 14 in Concepción; all were accused of having taken part in a protest march against unemployment and the lack of economic and social improvements. The complainant points out that, since early in the morning, police forces had already taken over the centre of Santiago armed with water cannon and that the carabineros had been extremely violent when making arrests. Out of the 227 persons arrested on 24 March in Santiago, one was released on the following day and 209 were released on 26 March; the remaining 17 persons were detained at the First Commissariat and banished to Pisagua on 29 March upon an order, from the Ministry of the Interior. Those persons detained in Valparaiso were released between 25 and 29 March with the exception of three, who were banished to Pisagua. The complainant encloses a report drawn up by a group of doctors on the 34 persons banished to Pisagua upon an order from the Ministry of the Interior under article 24 of the new Constitution, where they spent 90 days. According to the above-mentioned report, 12 out of the 34 persons banished were arrested at their homes in the early morning of 24 March 1983 by members of the CNI and transferred to establishments belonging to this unit, where they remained six days before being finally transferred to Pisagua. These persons - according to the report - were subjected to various methods of torture during lengthy sessions, such as immersion or the application of electric shock treatment, preceded by intimidation, threats and interrogations. They were also subjected to sexual harassment. The 22 remaining persons banished were arrested by carabineros and harshly beaten. They showed evidence of haematomas, bruises and grazes. The building in which they were lodged lacked the necessary hygienic conditions.

B. The Government's reply

1. 435. In its communications of 11 May and 13 September 1983, the Government states that on 24 March 1983, a group of persons caused various disturbances on the public thoroughfare, blocking the passage of passing vehicles and pedestrians, hurling insults at the authorities and throwing flying objects at the police. The latter, acting in the interest of public order and safety and the protection of citizens' peace and calm, proceeded to put a stop to these excesses and managed to detain some of the persons involved. The authorities of the Interior Government, acting in accordance with the legal provisions in force, assigned those arrested to forced residence in two localities in the north of the country. On Wednesday 22 June 1983, the detainees were released from forced residence ahead of time and returned to their places of origin.
2. 436. The Government also states that there are no records on the 12 trade unionists who, according to the complainant organisation, had allegedly been abducted from their homes.
3. 437. The Government adds that those persons mentioned in the complaint, amongst whom were several students who had been described as "trade unionists", were not arrested either in this alleged capacity or for activities connected with their presumed trade union activities but because they had been causing politically-motivated disturbances, aimed at subverting law and order.
4. 438. Furthermore, the Government states that it rejects the accusations that these persons had been subjected to violence and torture, claiming that they have no basis whatsoever and constitute an unacceptable falsehood.
5. 439. The Government encloses a press cutting in which it is stated that the 34 persons banished (giving their names) to Pisagua and Camiña, accused of having repeatedly taken part in subversive activities contrary to the public order, were released on 22 June 1983. The same source of information points out that the banished persons were released one week before completing the 90 days' sentence they had been given.

C. The Committee's conclusions

1. 440. The Committee notes that the complainant alleged the arrest of 293 persons, including several trade union leaders and trade unionists, on 24 March 1983, a day of public protest against unemployment and the lack of economic and social improvements, during which public demonstrations were held in the cities of Santiago, Valparaiso and Concepcíon. The complainant also alleged that several detainees were banished to Pisagua and subjected to torture, ill-treatment and received injuries.
2. 441. The Committee notes first of all that the Government's reply merely gives information on the 34 persons banished to Pisagua and Camiña for 83 days and does not refer at all to the other arrests made on 24 March 1983 which, according to the complainant, involved 259 persons who were later released between 25 and 29 March 1983. In this respect, bearing in mind that there were trade union leaders and trade unionists amongst those arrested on 24 March 1983 and that the demonstration was held in the defence of workers' interests, the Committee considers that, although the complainant has not given all the details which might have been desired, there is enough evidence to consider these demonstrations as trade union activities, irrespective of whether non-trade union organisations played a role of primary or secondary importance in the planning and carrying out of these demonstrations. In these circumstances, the Committee deplores the Government's failure to supply information on the reasons for the alleged arrest of 259 persons. The Committee regrets these arrests even more in view of the fact that there is nothing to suggest that the judicial authorities upheld any charges whatsoever against those concerned.
3. 442. With respect to the 34 persons who were first arrested and then banished for 83 days to the localities of Pisagua and Camiña, the Committee notes that, according to the Government, the police had arrested these persons in the interest of safeguarding public law and safety and protecting social peace and calm as, on 24 March 1983, a group of people were causing disturbances on the public thoroughfare, blocking the passage of passing vehicles and pedestrians, hurling insults at the authorities and throwing flying objects at the police. The Committee also notes that the Government authorities, acting in accordance with the legal provisions in force, assigned this group of persons to forced residence in two localities in the north of the country. The Committee further notes that, according to the Government, there were several students amongst those arrested and that those persons described as "trade unionists" by the complainant organisation were not arrested either in this capacity or for actions connected with their presumed trade union activities but because they had caused politically-motivated disturbances aimed at subverting law and order.
4. 443. In this respect, the Committee notes that the Government's reply and the information submitted by the complainant organisation do not correspond; for example, according to the latter, several trade union leaders and trade unionists (whose names are given), who were banished to Pisagua on 29 March 1983 were arrested at their homes in the early morning of 24 March, that is, before they could have taken part in any demonstration whatsoever. Furthermore, the Committee notes that although the Government has given a general description of the type of activities it accuses the 34 persons in question of having committed, which infringed public order, physical integrity and private property, it did not give details of the charges with which each one is to be individually accused, especially those attributed to the trade union leaders; the Government only stated that they were causing disturbances for political reasons.
5. 444. In these circumstances, the Committee must emphatically point out to the Government that measures depriving persons of their freedom and imposing sanctions such as banishment for trade union reasons constitute violations of the principles of freedom of association and it considers it unacceptable that sanctions of this nature should be imposed by administrative action.
6. 445. With respect to the allegations of ill-treatment, injuries and torture inflicted on the 12 banished persons who, according to the complainant, had been arrested at their homes on 24 March 1983 (including trade union leaders) and the physical assaults to which these banished persons were subjected while in detention, the Committee considers inadequate the Government's brief statement that such allegations have no basis whatsoever and constitute an unacceptable falsehood. While expressing its grave concern at these allegations, the Committee, as it has done on previous occasions when similar cases have been referred to it, asks the Government to undertake a prompt and independent legal investigation of the alleged cases of torture with a view to elucidating the facts in full, to identifying the persons responsible and to taking proceedings against them, l as well as to keep it informed of the outcome of its investigations.

The Committee's recommendations

1. 446. In these circumstances, the Committee recommends the Governing Body to approve the present report and, in particular, the following conclusions:
   • (a) The Committee notes that the persons arrested (293 according to the complainant) on a "day of protest against unemployment and the lack of economic and social improvements" (24 March 1983), were released and that the period of banishment imposed on 34 of those persons has now come to an end. All therefore now enjoy complete freedom.
   • (b) With respect to the arrest and subsequent banishment of 34 persons, including several trade union leaders and trade unionists, the Committee emphatically points out to the Government that measures depriving persons of their freedom and imposing sanctions such as banishment for trade union reasons constitute violations of the principles of freedom of association, and it considers it unacceptable that sanctions of this nature are imposed by administrative action.
   • (c) As regards the arrest of the remaining 259 persons, the Committee regrets that the Government did not supply information as to the reasons for their arrest. The Committee deplores these arrests, even more so in view of the fact that there is no evidence to show that the judicial authorities upheld any charges whatsoever against those concerned.
   • (d) With respect to the allegations of ill-treatment, injuries and torture inflicted in particular on trade union leaders, the Committee, while expressing its grave concern at these allegations, requests the Government to carry out a prompt and independent legal investigation of the alleged cases of torture with a view to elucidating the facts in full, to identifying the persons responsible and taking proceedings against them, as well as to keep it informed of the outcome of its investigations.