Effect given to the recommendations of the committee and the Governing Body - Report No 362, November 2011

Case No 2771 (Peru) - Complaint date: 05-FEB-10 - Closed

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

1. 154. At its March 2011 meeting, the Committee made the following recommendations regarding the issues which remained pending [see 359th Report, para. 1092]:
   • (a) The Committee requests to be kept informed of the result of the appeal brought by the civil party against the dismissal order issued by the 46th Criminal Court of Lima in the investigation into the death of a policeman.
   • (b) The Committee asks the Government to take the necessary measures to fully compensate the trade union leaders Mr Pedro Condori Laurente, General Secretary, and Mr Claudio Boza, Health and Safety Secretary, of the Casapalca Mine Workers’ Union, for the seven months of detention.
2. 155. In its communication dated 1 March 2011, the complainant organization, the General Confederation of Workers of Peru (CGTP) alleges that the trade union leaders Mr Pedro Condori Laurente and Mr Antonio Quispe Tamayo have been held in detention since 11 January 2011 on the basis of a judicial order concerning the alleged offence of resistance and violence against the authorities for having peacefully called for respect for the law and specifically for having urged the police, in July 2010, not to remove the body of a dead miner without the Prosecutor being present.
3. 156. In its communication of 3 May 2011, the Government states that the said leaders have been freed and that it has requested information on the criminal proceedings under way against them.
4. 157. The Government further states that the appeal referred to in recommendation (a) has yet to be ruled on by the High Court of Lima, although the Prosecutor has made a request for a dismissal order. As to the compensation of the trade union leaders Mr Pedro Condori Laurente and Mr Claudio Boza requested by the Committee, the Government states that the interested parties have been freed but that compensation for miscarriages of justice may only be claimed in case of a final ruling or an acquittal. However, as pointed out above, the process is at the appeal stage.
5. 158. The Committee notes this information and reiterates the recommendations it made at its March 2011 meeting.
6. 159. As regards the alleged detention of trade union leaders, the Committee requests the Government to inform it of the circumstances in which the detention was carried out and of developments concerning the proceedings under way against those two trade union leaders.