Definitive Report - Report No 243, March 1986

Case No 1300 (Costa Rica) - Complaint date: 24-AUG-84 - Closed

1. 26. The Committee already examined this case at its February 1985 meeting, when it presented an interim report approved by the Governing Body. (See 238th Report, paras. 282-297.) 27. Since then, the Government has sent its observations in a communication dated 19 November 1985.
2. 28. Costa Rica 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. 29. At its February 1985 meeting, the Committee requested the Government to
2. furnish information on the results of judicial inquiries concerning the deaths
3. of two strikers in 1984, namely Franklin Guzmán, who died on 24 July, and Luis
4. Rosales, who died on 15 October, and to supply its observations concerning the
5. alleged death of the striker Jesús Rosales.
6. B. The Government's reply
7. 30. In its communication of 19 November 1985, the Government indicated that
8. the examining magistrate of Golfito had rendered a judgement dismissing the
9. charges filed against the persons accused of the murder of Franklin Guzmán,
10. and that the examining magistrate of Osa Cortes had ordered, on an exceptional
11. basis, that the investigation of the person accused of the death of Luis
12. Rosales be kept open, from 23 November 1984 to 23 November 1985, in the light
13. of the fact that the witnesses for the prosecution had not appeared and that
14. the examining magistrate did not know their addresses. The texts of these two
15. judicial decisions were attached to the Government's reply.
16. 31. As regards the allegation concerning the death of a person called Jesús
17. Rosales, the Government indicates that there were no deaths at any time during
18. the strike in question other than those of Franklin Guzmán and Luis Rosales.
19. Consequently, it can furnish no information in this regard.

C. The Committee's conclusions

1. 32. The Committee notes that the Government has supplied specific information
   • on the complainant's allegations, in particular, that examining magistrates
   • have investigated the matters and ruled, in one case, that the charges be
   • dismissed, and in the other, that the matter remain under investigation for a
   • period of one year in the absence of the witnesses for the prosecution. Since
   • then (i.e. since 23 November 1985) the second matter has likewise been closed,
   • no new information having been brought to the attention of the examining
   • magistrate. Consequently, the Committee considers that this aspect of the case
   • no longer calls for further examination.
2. 33. The Committee likewise notes that, according to the Government only Luis
   • Rosales and Franklin Guzmán died during the strike.

The Committee's recommendations

1. 34. In these circumstances, the Committee recommends the Governing Body to decide that the case does not call for further examination.