Informe provisional - Informe núm. 187, Noviembre 1978

Caso núm. 854 (Paraguay) - Fecha de presentación de la queja:: 07-JUL-76 - Cerrado

1. 435. The Committee already examined this case in November 1977 when it submitted interim conclusions in paragraphs 272 to 287 of its 172nd Report. The Governing Body approved this report at its 204th Session (November 1977).
2. 436. Paraguay 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. 437. The complainants stated that the Christian-inspired trade union movement was being systematically persecuted in Paraguay. They also claimed that torture was being shamelessly practised and expressed the view that a skirmish in April 1976 between the armed forces and a group of guerilleros had been used as a pretext for attacking any organisation working to bring about social reform and an improvement in the miserable lot of the peasants.
2. 438. The allegations outstanding refer, first of all, to the peasants' trade union leaders José Gill Ojeda Falkan, José Parra Gaona and Pedro Fretez who, the complainants alleged, had been arrested and tortured at the beginning of may 1976. They added that another active peasants' trade unionist, Severo Delgado, had, about the same time, been sought by the police who had raided his house; he had managed to escape to Brazil together with other persons. The Latin American Central of Workers (CLAT) also mentioned the disappearance, on 4 April 1976, of the peasants' trade union leader, Martin Rolón Centurión. The complainants had reason to believe that he was alive and in custody at a National Guard barracks and had been subjected to torture; he had never been charged with any offence nor brought to trial nor convicted. The World Confederation of Labour (WCL) specified that the person in question had been wounded on the day of his arrest while trying to defend his home. He was in solitary confinement and in a piteous state. The three brothers of Martin Rolón Centurión were also in custody: Domingo at the Investigation Department (where there were said to be torture chambers), and Melchor and Santiago, against whom legal proceedings were pending, at Emboscada Penitentiary.
3. 439. The Government stated that there had at no time been any infringement of freedom of association; no genuine trade union leader, past or present, had ever been hindered in the performance of his functions. As for the others, the Government stated that it had no knowledge of their whereabouts and refuted the allegations made, claiming that those who were active and knowledgeable in the labour field and who acted within the framework of the Constitution and the national law, had never mentioned having difficulties of any kind whatsoever inside or outside their unions. As to José Gill Ojeda Falkan, José Parra Gaona and Pedro Fretez, they were still in Emboscada Prison, awaiting trial by the ordinary courts on charges of contravening Act No. 209 respecting the preservation of the public peace and personal freedom. These facts showed clearly, continued the Government, that these persons did not belong to any trade union or suchlike organisation operating lawfully in Paraguay.
4. 440. The Committee considered that it needed further information on these various points and, on its recommendation, the Governing Body requested the Government, in particular:
   • - to supply detailed information as to the specific acts José Gill Ojeda Falkan, Jose Parra Gaona and Pedro Fretez were said to have committed and to communicate, as soon as they were pronounced, the texts of the judgements handed down in respect of these persons and the reasons adduced therefor;
   • - to supply also information as to the situation of Severo Delgado and Martin Rolón Centurión, and the latter's brothers, and the specific acts of which they were accused, to state whether legal proceedings had been instituted against them and, if so, to communicate the texts of the judgements handed down and the reasons adduced therefor;
   • - to provide its observations in reply to the allegations concerning the alleged ill-treatment of a number of persons in custody.
5. 441. The Government replied in a letter dated 19 September 1978. It states that a warrant for José Gill Ojeda Falkan's arrest was issued on 7 December 1976; he is being charged in the "Carlos Guillermo Brañas and others" case for contravening the aforementioned Act No. 209/70. He is accused of involvement with a subversive group known as the military Political Organisation (OPM), which has been engaged in clandestine activities in the country. The discovery of one of its cells by the police, continues the Government, led to an armed confrontation at the beginning of April 1976. Three members of the OPM, including Martin Rolón Centurión, were wounded and later died; two police officers were also wounded. Jose Gill Ojeda Falkan is being held in Emboscada Prison. In March 1978, he was interrogated and the report of his interrogation has been placed in his file. The Government notes that its information concerning Martin Rolón Centurión derives from a report of the penal court of first instance.
6. 442. The Government goes on to say that José Parra Gaona, Pedro Fretez and Severo Candia Delgado were released from custody on 13 December 1977, 20 April 1978 and 1 March 1977, respectively. It concludes that none of the people referred to have been brought to trial for exercising trade union activities since none of them belong to any legally constituted union organisation.
7. 443. On the latter point, the Committee wishes to emphasise, as it did when it previously examined this case, that the fact that national organisations of workers have not been officially recognised is no justification for the rejection of allegations if it is clear from the complaints that these organisations have at least a de facto existence.

B. B. The Committee's conclusions

1. 444. The Committees notes the information supplied by the Government on the circumstances of the death of Martin Rolón Centurión. It also takes note of the release from custody of Jose Parra Gaona, Pedro Fretez and Severo Candia Delgado. The fact remains, however, that José Parra Gaona and Pedro Fretez at least, after their arrest at the beginning of May 1976, were imprisoned for many months without it being apparent from available information that they had been tried. Moreover, the Government has not indicated the specific acts for which they were imprisoned. Admittedly, the mere fact of carrying on a trade union activity or holding responsibilities in a trade union does not imply any immunity from ordinary penal legislation. However, unless it is duly established in a court of law that they have contravened this legislation, the prolonged detention of trade unionists is liable to appear as a hindrance to the normal operation of a union organisation and as a means of intimidating its militants and even its rank-and-file members.
2. 445. In the case of José Gill Ojeda Falkan, too, there was considerable delay between the decision to issue a warrant for his arrest and his interrogation by a magistrate. In fact, legal proceedings against him are still pending. The Committee trusts that he will soon be judged by an ordinary court and that the Government will communicate the text of the judgement handed down and the reasons adduced therefor so that the Committee can be sure that the person concerned is not being held for legitimate union activities.
3. 446. The Government, finally, has not provided its observations in reply to the allegations concerning the alleged ill-treatment of a number of persons in custody.

The Committee's recommendations

1. 447. In these circumstances, the Committee recommends the Governing Body:
   • (a) to take note with interest the release of José Parra Gaona, Pedro Fretez and Severo Candia Delgado, while drawing the Government's attention to the principles and considerations set forth in paragraph 444;
   • (b) to take note with regret the incidents described by the Government in its communication which led to the death of Martin Rolón Centurión; to request the Government once again to provide information concerning the situation of the brothers of Mr. Centurión and to state whether legal proceedings have been instituted against them;
   • (c) to express the hope that José Gill Ojeda Falkan will soon be judged and that the Government will communicate, as soon as it is pronounced, the text of the judgement handed down and the reasons adduced therefor;
   • (d) to request the Government once again to provide its observations in reply to the allegations concerning the alleged ill-treatment of a number of persons in custody;
   • (e) to take note of this interim report.