Interim Report - Report No 286, March 1993

Case No 1598 (Peru) - Complaint date: 20-AUG-91 - Closed

1. 412. The Committee has already examined this case on two previous occasions (see 281st and 284th Reports of the Committee, paras. 463 to 479 and 962 to 971, approved by the Governing Body at its 252nd and and 254th Sessions (March and November 1992)), when it presented interim conclusions. The Government sent new observations in a communication dated 11 December 1992.
2. 413. Peru has ratified the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87) and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 414. The allegations which remained pending at the Committee's November 1992 meeting refer to the following issues which arose during the course of a strike which lasted several months in 1991: the arrest by the army of seven teachers on 17 May 1991 in the province of Ayacucho, the bodies of five of them having subsequently been discovered in a common grave; the disappearance of teachers Marcelino Navarro Pezo, Leopoldo Navarro Díaz and Luis Torres Camilo in the province of Ucayali-Pucallpay, and teacher Abdón Pariona in the province of Huncavelica; the throwing from a helicopter of teachers Betty Panaifo, Nicolás Lavajo and Moisés Teneiro (one of the survivors was able to report this incident); the murder of Porfirio Suni (13 May 1991) and of Pablo Mamani Marchena and Germán Maceda (24 May 1991) in the province of Pucará Puno; the violent assault by the police on the leaders of SUTEP on 30 May 1991 as they were making their way to the presidential palace to seek a meeting with the wife of President Fujimori and to request that she plead the case of the teachers. As regards the last of these allegations, the complainant pointed out that in the course of the police action José Ramos Bosmediano (General Secretary of SUTEP), Soledad Lozano Costa (Deputy General Secretary of SUTEP) and Auris Melgar (the officer responsible for international relations) were subjected to brutal treatment and arrested (Mr. Melgar lost consciousness as a result of blows inflicted by the police, and of the use of tear-gas).
2. 415. In view of the Government's failure to furnish sufficiently detailed observations in response to the allegations, the Committee made the following recommendations on the occasion of its last examination of the case (284th Report of the Committee, para. 971):
   • - the Committee is deeply concerned at the seriousness of these allegations, which refer to a significant number of murders, disappearances and attacks on the physical safety of teacher trade unionists during a strike; it urges the Government to carry out a judicial investigation to identify the responsible parties and to punish the guilty, and to keep it informed in this respect;
   • - the Committee strongly urges the Government to do its utmost to determine the whereabouts of the four missing trade unionists (Navarro Pezo, Leopoldo Navarro Díaz, Luis Torres Camilo and Abdón Pariona) and to inform it in sufficient detail of the measures taken in this respect; it also asks that the Government take the necessary measures to ensure that the exercise of trade union rights is carried out in a climate of full security.

B. The Government's reply

1. 416. In its communication of 11 December 1992, the Government states that article 277 of the Political Constitution of Peru provides that the aim of the police force is to maintain internal order, to preserve and maintain the peace, to ensure compliance with the law and the safety of individuals and public and private property, and to prevent and combat delinquency. It also indicates that this constitutional precept is in accordance with section 10 of the Basic Law on the Police Force (Legislative Decree No. 371), and points out that, when called upon to deal with demonstrations, the police force must act with the degree of firmness that is appropriate to the behaviour of the demonstrators.
2. 417. The Government states that in the present case, the teachers affiliated to SUTEP, after their meetings, went out onto the streets of Lima with the aim of causing chaos and of disturbing the population by holding violent protest marches without prior authorization from the competent authority, disturbing the peace, blocking traffic, attempting to storm the headquarters of state bodies and openly confronting the police. It explains that many of the injuries suffered could have occurred as SUTEP members ran away. The Government further reports that a number of the teachers arrested during the protest marches already had police records for crimes of terrorism and that these persons were handed over to the judicial authorities. The Government emphasizes that the complainants are not victims of the police, but rather that the outrages perpetrated by them made it necessary for the forces of law and order to intervene.
3. 418. More specifically, the Government states that teachers Betty Panaifo, Nicolás Lavajo and Moisés Teneiro were not arrested and that there has been no report concerning their presumed disappearance; that the teacher José Ramos Bosmediano (General Secretary of SUTEP) was arrested on a charge of disturbing the peace; that no record is to be found of the supposed detention of teacher Leopoldo Navarro Díaz; that lecuturer Abdón Félix Pariona García presumably died as a result of action by military personnel from the Huancavelica emergency zone, as stated in the complaint lodged against a soldier from the Quichuak anti-subversive base who is charged with abuse of authority and whose case is before the Huancavelica Joint Provincial Procurator's Office. The Government explains that the Attorney-General of the Nation has been requested to supply information as to the progress of the case, and that, if necessary, the same will be done before the corresponding court, which will apply the appropriate punishment.

C. The Committee's conclusions

1. 419. In the first place, the Committee once again expresses its deep concern at the seriousness of the outstanding allegations, which refer to the murder, and disappearance of, and the physical violence against trade unionists from the teaching profession. The Committee recognizes the duty of police and security forces to maintain public order, but it must draw the Government's attention to the fact that the intervention of these forces referred to in the allegations goes far beyond what could be considered as justified.
2. 420. In this connection, the Committee deeply deplores the fact that the Government has not replied to the allegations concerning the arrest by the army of seven teachers on 17 May 1991 in the province of Ayacucho, the bodies of five of them having subsequently been discovered in a common grave; the disappearance of teachers Marcelino Navarro Pezo and Luis Torres Camilo in the province of Ucayali-Pucallpay; the murder of teachers Porfirio Suni (on 13 May 1991) and of Pablo Mamani Marchena and Germán Maceda (on 24 May 1991) in the province of Pucará Puno. In these circumstances, the Committee once again urges the Government to carry out a judicial investigation into these murders and disappearances with the aim of identifying the responsible parties and punishing the guilty.
3. 421. As regards the allegation concerning the violent assault and arrest by the police of trade union leaders José Ramos Bosmediano (General Secretary of SUTEP), Soledad Lozano Costa (Deputy General Secretary of SUTEP) and Auris Melgar (the officer responsible for international relations) on 30 May 1991, as they were heading for the presidential palace to seek a meeting with the wife of President Fujimori and to request that she plead the case of the teachers, the Committee takes note of the Government's statements to the effect that the teacher José Ramos Bosmediano was arrested for disturbing the peace. The Committee likewise notes that the Government, having referred to the duties and functions of the police, indicates that in the present case the teachers affiliated to SUTEP, following their meetings, would go out onto the streets of the city of Lima with the aim of causing chaos and disturbing the population (violent marches without official authorization, breaches of public and private peace, blocking of traffic, etc.), openly confronting the police forces. The Committee notes that according to the Government many of the injuries could have occurred as the SUTEP members ran away.
4. 422. The Committee regrets that the Government limits itself to replying in a hypothetical manner, without furnishing its observations in response to the complainant's specific allegations concerning the arrest and assault of three trade union leaders. The Committee therefore requests the Government to indicate whether trade union leader José Ramos Bosmediano (General Secretary of SUTEP) has been prosecuted for the offence with which he was charged (disturbing the peace) and whether he is now at liberty or still under arrest; it also requests the Government to indicate whether Soledad Lozano Costa (Deputy General Secretary of SUTEP) and Auris Melgar (the SUTEP officer responsible for international relations) are under arrest or at liberty.
5. 423. As regards the allegation that teachers Betty Panaifo, Nicolás Lavajo and Moisés Teneiro were thrown from a helicopter, the Committee notes that the Government denies that they were arrested and states that no report has been made concerning their alleged disappearance. The Committee further notes that, according to the Government, no record is to be found of the alleged detention of the teacher Leopoldo Navarro Díaz (who the complainants maintain has disappeared) and that the lecturer Abdón Félix Pariona García (who, according to the complainants, has also disappeared) died as the result of action by military personnel from the Huancavelica emergency zone, and that the corresponding complaint is currently being processed.
6. 424. In these circumstances, the Committee insists that the Government conduct inquiries to determine the whereabouts of the missing teachers (Betty Panaifo, Nicolás Lavajo, Moisés Teneiro and Leopoldo Navarro Díaz), and that it keep the Committee informed both in that respect and on the results of the proceedings concerning the murder of Abdón Félix Pariona.

The Committee's recommendations

1. 425. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) Extremely concerned by the seriousness of this case, the Committee deeply deplores the fact that the Government has not replied to the allegations concerning:
     • - the arrest by the army of seven teachers on 17 May 1991 in the province of Ayacucho, the bodies of five of them having subsequently been discovered in a common grave;
     • - the disappearance of teachers Marcelino Navarro Pezo and Luis Torres Camilo in the province of Ucayali-Pucallpay; and
     • - the murder of teachers Porfirio Suni (on 13 May 1991) and of Pablo Mamani Marchena and Germán Maceda (on 24 May 1991) in the province of Pucará Puno.
       • The Committee once again urges the Government to conduct a judicial inquiry into these murders and disappearances with the aim of identifying the responsible parties and punishing the guilty.
     • (b) The Committee insists that the Government conduct inquiries to determine the whereabouts of the missing teachers (Betty Panaifo, Nicolás Lavajo, Moisés Teneiro and Leopoldo Navarro Díaz), and that it keep the Committee informed both in that respect and on the results of the proceedings concerning the murder of Abdón Félix Pariona.
   • (c) The Committee requests the Government to inform it as to whether the trade union leader José Ramos Bosmediano (General Secretary of SUTEP) has been prosecuted for the offence with which he is charged (disturbing the peace) and whether he is at liberty or still in detention, and also to indicate whether Soledad Lozano Costa (Deputy General Secretary of SUTEP) and Auris Melgar (SUTEP officer responsible for international relations) are in detention or free.
   • (d) The Committee requests the Government to take the necessary steps to ensure that trade union rights may be exercised in a normal manner, and once again draws the Government's attention to the fact that a climate of violence which gives rise to the murder or disappearance of trade union leaders and trade unionists constitutes a serious obstacle to the exercise of trade union rights and that such acts call for prompt and effective measures by the authorities to rectify such a situation.