Interim Report - Report No 253, November 1987

Case No 1412 (Venezuela (Bolivarian Republic of)) - Complaint date: 17-JUN-87 - Closed

1. 381. The complaint is contained in a communication from the World Confederation of Labour dated 17 June 1987. The Government replied in a communicated dated 14 October 1987.
2. 382. Venezuela has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 383. The World Confederation of Labour (WCL) alleges that on 2 May 1987, the Venezuelan authorities arbitrarily arrested Luis Aquilino Marcano Gamboa, Fredy Marcano, Joel Rodríguez, Juan Vicente Martinez Lopez (officials of the Federation of Free Trade Unions of the State of Monagas), Francelia Teresa Barreto and Miguel Angel Salazar Trinitario (trade unionists), and searched their homes.
2. 384. The WCL adds that 11 days after their arrest, the first three persons were released, but that all are being tried by a military court accused of "subversion", without grounds.
3. 385. The WCL also alleges that on 3 May 1987, the headquarters of the Federation of Free Trade Unions of the State of Monagas was raided by the authorities, who confiscated the posters for the Fourth Congress, on the grounds that they were subversive, and other posters in the files concerning the former Haitian dictatorship, illustrated by a policeman striking a working-class woman, and the photocopier of the organisation.

B. The Government's reply

1. 386. The Government states that the arrest of the persons mentioned in the complaint was due to their links, fully proven, to the "Bandera Roja" group, which is a clandestine organisation publically instigating armed conflict in the country. Similarly, the deprivation of liberty of some citizens in no way exceeded the time period established by law, within which they appeared before the competent court, which decided that some of them should be released and others remain in custody. In connection with the alleged raids, the Government points out that all, without exception, were preceded by the issue of corresponding judicial warrants and that the objects confiscated at the time for the inquiries are being held at the disposal of the court hearing the case. It adds that those concerned are able to negotiate the return of these objects with the court. All the police activities described took place against the background of events which threw the country into confusion last March, a situation fully reported by the national press. The Government stresses that the arrests and seizures were carried out in accordance with the law during the circumstances and events referred to because of the links or relation of those concerned with subversive activities and not on the grounds of their trade union status because this activity, besides enjoying the blessing of the national Government, is protected and supported by the constitutional state reigning in Venezuela and strictly adhered to by all the national authorities.

C. The Committee's conclusions

1. 387. The Committee notes that in the present complaint, the complainant organisation has alleged the arbitrary arrest of six trade unionists (three of whom were later released), the searching of their homes and their trial before a military court accused, without grounds, of subversion, and the raiding of the headquarters of the Federation of Free Trade Unions of the State of Monagas, during which several posters and the photocopier of the organisation were confiscated.
2. 388. The Government has pointed out that the arrests, house searches and seizures in question were carried out with all the necessary legal and procedural guarantees. It states that they did not take place because of the trade union status of those concerned, but because of their links with the group "Bandera Roja" (a clandestine organisation which is publicly instigating armed conflict in the country) and in connection with their subversive activities, as part of the action undertaken by the authorities during the events which threw the country into confusion in May 1987.
3. 389. The Committee takes note of the Government's explanations. Nevertheless, the Committee would emphasise that when complainants allege that trade union leaders or workers have been arrested for trade union activities and the governments' replies are simply to the effect that the arrests were made for subversive activities, the Committee has followed the rule that the governments concerned should be requested to submit further and as precise information as possible concerning the arrests in order to be able to make a proper examination of the allegation (see "Freedom of Association", Digest of Decisions and Principles of the Committee on Freedom of Association of the Governing Body, 3rd Edition, 1985, para. 115).
4. 390. In these circumstances, the Committee requests the Government to indicate the actual events which prompted the arrest, house search and trial of each of the six trade unionists mentioned in the complaint, to provide information on the developments in the corresponding trial, and to give the exact reasons for the raid on the headquarters of the Federation of Free Trade Unions of the State of Monagas and for the confiscation of its property.

The Committee's recommendations

1. 391. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations: While noting that three of the six trade unionists, who were arrested, have been released, the Committee requests the Government to indicate the actual events which prompted the arrest, house search and trial of each of the six trade unionists, to provide information on the developments in the corresponding trial, and to give the exact reasons for the raiding of the headquarters of the Federation of Free Trade Unions of the State of Monagas and the confiscation of its property.