Informe provisional - Informe núm. 165, Junio 1977

Caso núm. 836 (Argentina) - Fecha de presentación de la queja:: 14-ENE-76 - Cerrado

1. 75. The Committee already examined this case at its November 1976 session, when it submitted an interim report.
2. 76. Since then, the Government has sent further comments in a communication dated 3 February 1977.
3. 77. Argentina 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. A. The complainants' allegations

1. 78. In its complaint, the World Confederation of Labour (WCL) referred to the case of an official of the Metalworkers' Union, José Palacios, said to have been abducted in Buenos Aires on 11 December 1975 by a band of masked persons as he was leaving work. The following night armed and masked persons broke into his home, taking away with them personal and trade union documents and ill-treating his wife.
2. 79. In its reply, the Government pointed out that the alleged events were supposed to have taken place on 11 December 1975, or four months before the present Government came to power. It added that investigations into this case were nevertheless being made, but so far without success.
3. 80. At its November 1976 session, the Committee recommended the Governing Body, inter alia,
   • - to draw the Government's attention to certain principles relating to the responsibility of a government for any effects which events that had occurred under another government might continue to have since the new government came to power;
   • - to note that the Government had had investigations made as regards the whereabouts of José Palacios;
   • - to request the Government to continue these investigations and to communicate any information which might come to light concerning his fate.
4. 81. In its communication of 3 February 1977, the Government stated that it had continued intensive investigations with a view to finding José Palacios. The Government added that the Ministry of Labour had requested the Ministry of the Interior to step up these inquiries. In a note dated 13 December 1976, the latter Ministry had stated that with this end in view it had sent telegrams, but that in order to intensify its investigations it wished to have fuller information about the circumstances of this disappearance and the time and place where it occurred.
5. 82. The Government added that, despite all the efforts made by the competent authorities, it had been impossible to find José Palacios. However, the authorities were still endeavouring to elucidate this matter, and the Committee would immediately be informed of any new developments.

B. B. The Committee's conclusions

1. 83. The Committee notes that investigations with a view to finding José Palacios are being continued, but so far without success. It also notes that in order to intensify these investigations the government would like to have fuller information about the circumstances of José Palacios's disappearance. The Committee accordingly considers that it would be desirable to request the complainant organisation to supply further details concerning the circumstances of this disappearance.

The Committee's recommendations

1. 84. In these circumstances, the Committee recommends the Governing Body:
   • (a) to express its concern at the fact that the investigations by the authorities with a view to finding José Palacios have so far been unsuccessful;
   • (b) to request the Government to inform it of any new developments in this case;
   • (c) to request the complainant organisation to supply any further particulars it can obtain concerning the circumstances of José Palacios's disappearance;
   • (d) to take note of the present interim report.