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

Case No 2084 (Costa Rica) - Complaint date: 15-MAY-00 - Closed

Allegations: Temporary suspension of duties on trade union grounds

1. 467. The complaint is contained in a joint communication from the Trade Union of Workers and Retirees of the National Registry and Allied Workers (SITRARENA) and the Rerum Novarum Confederation of Workers (CTRN) of May 2000. The Government sent its observations in a communication dated 25 August 2000.
2. 468. Costa Rica 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 complainants' allegations

1. 469. In their communication of May 2000, the Trade Union of Workers and Retirees of the National Registry and Allied Workers (SITRARENA) and the Rerum Novarum Confederation of Workers (CTRN) allege that on 30 March 1998 disciplinary proceedings were initiated against Mr. Mario Alberto Zamora Cruz, general secretary of SITRARENA, with the clear aim of dismissing him for his involvement on behalf of the workers and his denunciatory stance with regard to irregularities in the National Registry.
2. 470. The complainants add that in response to this, SITRARENA filed a complaint for unfair labour practices and anti-union harassment with the Ministry of Labour on 11 May 1998. This complaint was examined by the Ministry of Labour authorities and resulted in a report stating that there were clear indications of anti-union persecution and in the initiation of proceedings on 10 August 1998 before the small claims labour court of the second circuit of San José with the aim of ascertaining the truth of the matter; these proceedings have been slow and complicated.
3. 471. In addition to the proceedings for anti-union harassment, on 19 April 1999 ordinary proceedings were initiated against the Minister of Justice and in September 1998 criminal complaints were brought against two of the Minister's advisers for corruption when they justified their position by instituting ordinary proceedings against trade union leader Mr. Mario Zamora Cruz. According to the complainants these ordinary proceedings were riddled with irregularities, such as the disappearance of the report of the body responsible for conducting the disciplinary proceedings against the trade union leader.
4. 472. The complainants state that as of 31 January 2000 Mr. Mario Zamora Cruz was suspended from his duties despite the fact that the disciplinary proceedings and other judicial sanctions were pending. The complainants criticized the authorities' delay in this case, which shows that measures of legal protection have been inadequate and inappropriate, in particular as a result of the authorities' delaying tactics. Nonetheless, these authorities have discredited Mr. Mario Zamora Cruz in the national press, pointing out that dismissal proceedings are pending against him.

B. The Government's reply

1. 473. In its communication of 25 August 2000, the Government states that it is not true that disciplinary proceedings were initiated against Mr. Mario Zamora Cruz on 30 March 1998 as alleged by the complainant. It is true that administrative disciplinary proceedings were initiated against him, for which a body was appointed to carry out the procedure in order to ascertain the truth of the matter, in accordance with the constitutional principle of due process, by an administrative decision issued on 13 July 1998. In this respect, it is important to point out that the acts which gave rise to the complaint and investigation are as follows: (1) failing in his duties as a public official by allowing, through his negligence and irresponsibility, more than 40 documents submitted for registration to the National Registry to be mislaid, these documents being in his custody and under his responsibility, since as a public official and as the "right-hand man" for sector 2-06 he was in charge at the time the documents were lost, and has not yet reported their whereabouts, displaying indifference to such a serious matter; (2) he also failed in his duties by allowing himself, in his position as official responsible for sector 2-06, to fall entirely behind with his work without having accounted for this so far, with the result that the Directorate of the Property Registry had to restructure this sector as a precautionary measure in view of the backlog; (3) failing to hand in a report as the official responsible for sector 2-06, on the mislaid documents and to report on their whereabouts before resigning on grounds of incompetence as he was duty-bound to do, especially since he was the official in charge when the abovementioned documents were lost. It is clear from the above that Mr. Mario Zamora Cruz was guilty of serious misconduct, which constituted the grounds for filing a petition for dismissal with the competent body, in this case the General Directorate of the Civil Service, which was received on 29 October 1998 as recorded in the case file.
2. 474. As regards Mr. Mario Zamora Cruz's complaint of unfair labour practices and anti-union harassment filed with the Ministry of Labour, in the course of the proceedings it became clear that he attempted to distort the facts on which the petition for dismissal was based, even going so far as to file endless complaints intended to delay the proceedings, without so far giving any explanation to the administration concerning the whereabouts of the 40 documents he mislaid since, as noted above, he was the official in charge of processing these documents, given that they were in his custody.
3. 475. It is true that the complaint of unfair labour practices has been examined by the Ministry of Labour; the case file contains allegations by the National Registry submitted as evidence that the complaint is unfounded. Moreover, in a further effort to distort the facts, Mr. Mario Zamora Cruz filed another action with the labour court of the second circuit, which was dismissed.
4. 476. Mention should be made of the unfounded acts of Mr. Mario Zamora Cruz, who has used every available means to distort the facts, alleging that anti-union harassment took place, in an effort to misrepresent the facts leading to the institution of administrative disciplinary proceedings against him in accordance with the law, in which the complainant exercised his right to defence according to the highest principles of due process, and even had himself represented by six or seven lawyers, and which culminated in a petition for dismissal which again was in conformity with the law; he also filed complaints against the lawyers who had been appointed to conduct the proceedings, in accordance with the constitutional principle of due process.
5. 477. The ordinary proceedings instituted against Mr. Mario Alberto Zamora Cruz were in conformity with the principle of legality and the constitutional principle of due process, to the extent that Mr. Zamora Cruz actively took part in them, filing, through his lawyers, all manner of motions and unfounded appeals with the aim of delaying the final ruling. This is evidenced by the fact that all of the appeals for protection of his constitutional rights filed with the constitutional chamber of the Supreme Court of Justice were dismissed on grounds that they were unfounded. As regards the disappearance of the report drawn up by the body in charge of the proceedings, it has repeatedly been noted in letters submitted by the National Registry that this report was never lost, as evidenced by the fact that it is provided in this reply as part of the documentary evidence requested.
6. 478. On 26 November 1999 an addition to the petition for dismissal filed against Mr. Mario Alberto Zamora Cruz was presented to the General Directorate of the Civil Service in view of the fact that, for purposes of defamation, Mr. Zamora Cruz had signed a document which he submitted to the President of the Republic, inter alia, containing denunciations and entitled "Denunciation of serious political anomalies in the National Registry", subtitled "Influence peddling and corruption", a document which is blatantly defamatory and libellous with regard both to the ministerial department and to the members of the administration of the National Registry. It is important to point out that the document in question does not have the support or approval of the Trade Union of Workers and Retirees of the National Registry, since in a letter of 15 November 1999, reference No. STRN?229199, signed by Mr. Felipe Espinosa Fernández, general secretary of the trade union, states the following:
   • Concerning the denunciation presented by Mr. Mario Zamora Cruz, entitled "Denunciation of serious anomalies in the National Registry", our organization did not authorize, neither does it authorize, the denunciation written or drawn up by Mr. Mario Zamora Cruz and does not accept it as a denunciation by this organization since it did not meet the formal requirements under the rules of our organization.
   • To this end the executive committee of the Trade Union of Workers and Retirees of the National Registry, at its extraordinary meeting No. 24 on 4 November 1999 stated the following:
   • Agreement 1:
   • The SITRARENA executive committee does not authorize and dissociates itself from any denunciation presented by Mr. Mario Zamora Cruz, labour relations secretary of this organization, to the Office of the Controller-General of the Republic.
7. 479. These serious acts prompted the National Registry to present new allegations to the competent body as grounds for dismissal of the official Mario Alberto Zamora Cruz. It also requested temporary suspension with pay of the official based on the provisions of section 43.
8. 480. The Government states that at no time did it publicize the dismissal proceedings against Mr. Mario Zamora Cruz. As regards the alleged delay in the proceedings, the Government emphasizes that Mr. Mario Zamora Cruz resorted to delaying tactics, as is incontestably clear from the fact that he is constantly filing various appeals aimed at holding up a final decision in the case.

C. The Committee's conclusions

1. 481. The Committee observes that in this case the complainant organizations alleged the institution of disciplinary proceedings and subsequent suspension of Mr. Zamora Cruz, general secretary of SITRARENA, for activities on behalf of the workers of the National Registry and for having denounced irregularities in that institution. In this context, according to the complainants, ordinary proceedings were instituted against the Minister of Justice and criminal complaints for corruption brought against two of the Minister's advisers. Lastly, the complainants criticize the delay in the proceedings, in particular as a result of delaying tactics by the authorities.
2. 482. The Committee observes that according to the Government: (1) the administrative disciplinary proceedings against Mr. Zamora Cruz were due to the fact that he was guilty of seriously failing in his duties as an official (having mislaid over 40 documents submitted for registration to the National Registry through his negligence and irresponsibility, falling behind with his work without explaining why and failing to account for the lost documents); (2) Mr. Zamora Cruz has attempted to distort the facts and has filed endless complaints in order to delay the proceedings for unfair labour practices; (3) in the ordinary proceedings for serious misconduct instituted against Mr. Zamora Cruz, his lawyers filed various motions and unfounded appeals in order to delay the final decision; (4) Mr. Zamora Cruz subsequently signed a defamatory and libellous document against the Minister of Justice and against the National Registry - which was not authorized by the trade union to which he belongs and which its executive committee dissociated itself with - with the result that, in accordance with the law, a request was submitted for temporary suspension with pay of the official, which the latter did not challenge; (5) in this document Mr. Zamora Cruz used terms such as corruption, abuse of power, influence peddling and embezzlement of public funds, and the case was therefore referred to the Attorney-General's Office in order for court proceedings to be instituted.
3. 483. The Committee observes that the versions put forward by the complainants and the Government concerning the facts that prompted the administrative and judicial proceedings filed by and against trade union leader Mr. Zamora Cruz are entirely contradictory. In these circumstances, the Committee requests the Government to keep it informed of the final administrative decisions and judicial verdicts handed down in relation to the case of trade union leader Mr. Zamora Cruz, so that it may reach a decision in this case.

The Committee's recommendations

1. 484. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendation:
   • The Committee requests the Government to keep it informed of the final administrative decisions and judicial verdicts handed down in relation to the case of trade union leader Mr. Zamora Cruz, so that it may reach a decision in this case.