Effect given to the recommendations of the committee and the Governing Body - Report No 355, November 2009

Case No 2396 (El Salvador) - Complaint date: 10-NOV-04 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 80. The Committee last examined this case, which concerns the murder of trade union official Mr José Gilberto Soto, at its March 2008 meeting. On that occasion, the Committee noted the Government’s information that the Usulután Court issued a judgement convicting Mr Herbert Joel Ramírez Gómez of the acts against Mr José Gilberto Soto that he had been charged with, which were deemed by the court to have constituted aggravated homicide, a crime punishable under sections 128 and 129(3) of the Penal Code. The Government also indicated that, as the judgement indicates, the killing of Mr José Gilberto Soto was unconnected with any trade union activity; that is, it was not motivated by labour-related issues. In this respect, the Committee requested the Government to send a copy of the judgement in question [see 349th Report, paras 94–96].
2. 81. In a communication of 17 July 2009, the Government sent the text of the judgement requested.
3. 82. The Committee notes the judgement and, in particular, that the perpetrator of the murder of trade union official Mr José Gilberto Soto has been sentenced to 25 years in prison. The Committee observes, however, that the judgement does not allow a clear determination to be made as to the motive of the murder (personal or trade union).