Report in which the committee requests to be kept informed of development - Report No 324, March 2001

Case No 2010 (Ecuador) - Complaint date: 02-FEB-99 - Closed

Allegations: Murder of a trade union official, threats against another trade union official and deaths during demonstrations

1. 554. The Committee last examined this case at its meeting in March 2000 and presented an interim report [see 320th Report, paras. 626 to 634, approved by the Governing Body at its 277th Session in March 2000]. Observations were subsequently received from the Government in communications dated 19 June and 17 August 2000 and 8 February 2001.
2. 555. Ecuador 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. Previous examination of the case

1. 556. In its previous examination of the case the Committee made the following recommendations concerning the allegations which remained pending [see 320th Report, para. 634]:
   • - the Committee invites the complainant to provide additional information concerning the allegation of training by paramilitaries of 38 Ecuadorian nationals with a view to launching an attack on social activists;
   • - the Committee requests the Government to keep it informed of any progress made in the judicial inquiry into the death of the trade union official Mr. Saúl Cañar Pauta and to inform it of the results as soon as they are given;
   • - the Committee requests the Government to inform it of the outcome of the investigations into the deaths of Mr. José Geover Bowen (police officer) and of Mr. Jorge Aníbal Mena and Mr. Javier Bone Roa (demonstrators) during the demonstrations held in connection with the general strike of 1 October 1998.

B. The Government's reply

1. 557. In its communications of 19 June and 17 August 2000 and 8 February 2001, the Government supplies documents relating to the investigations into the deaths of the trade union official Mr. Saúl Cañar Pauta, the demonstrators Mr. Jorge Aníbal Mena and Javier Bone Roa and the police officer José Geover Bowen. Specifically, the documents in question indicate that:
   • - as regards the case of Mr. Saúl Cañar Pauta, during the judicial inquiry an order was issued on 15 May 2000 to detain Mr. José Meza and Mr. Freddy Flores as witnesses. The judge ended the preliminary hearings on 17 July 2000. The Attorney-General abstained from laying charges against anyone. It has not been possible to date to identify the authors or accomplices of this homicide. The Ombudsman decided to follow up on this case as part of the inquiry on the death of Mr. Saúl Cañar Pauta to ensure due process;
   • - as regards the case of Mr. Jorge Aníbal Mena, on 16 June 2000, the presiding judge in the judicial inquiry asked the ballistics department of the national police force for its report on the analysis of the projectile that killed Mr. Mena, and asked the Commandant of the First Naval Zone to submit a report on the events that occurred on 1 October 1998 on the perimeter road near the Guayaquil cooperative; this case is at the stage of inquiry;
   • - with regard to Mr. Javier Bone Roa, the judicial authorities in 1998 ordered tests on the fatal bullet; this case is at the stage of inquiry;
   • - as regards Mr. José Geover Bowen, the police investigation found that Mr. Bowen had died in the line of duty as a result of a grenade explosion that occurred during the national strike in the sleeping quarters of the Special Operations Group.

C. The Committee's conclusions

1. 558. In its previous examination of the case, when it examined allegations relating to the death of a trade union official, two demonstrators and a police officer during a national strike and allegations of training by paramilitaries with a view to launching an offensive against social activists, the Committee invited the complainant to provide additional information concerning the allegation of training by paramilitaries, and requested the Government to keep it informed of any progress made in the judicial inquiry into the death of the trade union official Mr. Saúl Cañar Pauta and to inform it of the outcome, and to inform it of the results of the investigations into the deaths of Mr. José Geover Bowen (a police officer) and of Mr. Jorge Aníbal Mena and Mr. Javier Bone Roa (demonstrators) during the demonstrations held in connection with the general strike of 1 October 1998.
2. 559. As regards the investigation into the death of the trade union official Mr. Saúl Cañar Pauta, the Committee notes the Government's statements in this regard and in particular that the judge ended the preliminary hearings on 17 July 2000 and that the Attorney?General abstained from laying charges against anyone since it has not been possible to identify the authors or accomplices of this act. The Committee hopes that the inquiry into the death of the trade union official in question, which occurred almost two years ago, will be concluded soon, and requests the Government to keep it informed of the final outcome.
3. 560. With regard to the deaths of Mr. José Geover Bowen (a police officer) and of Mr. Jorge Aníbal Mena and Mr. Javier Bone Roa (demonstrators) during the demonstrations held in connection with the general strike of 1 October 1998, the Committee notes the Government's statements to the effect that: (1) the investigation into the death of Mr. Bowen concluded that he had died on police premises as a result of a grenade explosion during the national strike in 1998; (2) during the judicial inquiry into the death of Mr. Mena, the judicial authorities on 16 June 2000 ordered a number of tests (ballistic analysis of the bullet that killed Mr. Mena) and a request for the official report from the Commandant of the First Naval Zone on the events of 1 October 1998, with the case being at the inquiry stage; and (3) as part of the investigation into the death of Mr. Bone Roa, tests on the fatal bullet were ordered in 1998, with the case being at the inquiry stage.
4. 561. Under these circumstances, the Committee deplores the long time taken by the authorities to undertake and complete an investigation. The Committee strongly hopes that the inquiries into the deaths of the demonstrators Mr. Bone Roa and Mr. Mena will be concluded soon and that the guilty parties will be punished. The Committee requests the Government to keep it informed of the findings of these inquiries.
5. 562. As regards the allegation regarding training by paramilitaries of 38 Ecuadorian nationals with a view to launching an offensive against social activists, the Committee notes that the complainant has not provided the additional information that had been requested. Under these circumstances, the Committee will not proceed with its examination of this allegation.

The Committee's recommendations

1. 563. In the light of the foregoing conclusions, the Committee invites the Governing Body to approve the following recommendation:
   • Deploring the long time taken by the authorities to undertake and complete an investigation into the deaths in 1998 of Mr. Saúl Cañar Pauta (trade union official), Mr. Jorge Aníbal Mena and Mr. Javier Bone Roa, the Committee firmly hopes that the judicial inquiries will be concluded soon and that the guilty parties will be punished. The Committee requests the Government to keep it informed of the final outcome of these inquiries.