Informe provisional - Informe núm. 310, Junio 1998

Caso núm. 1939 (Argentina) - Fecha de presentación de la queja:: 07-AGO-97 - Cerrado

Allegations: Killing, detention, physical assaults and death threats against trade unionists and trade union leaders, break-ins in trade union premises and trade unionists' homes, requests to withdraw legal recognition

1. 107. The complaint in this case is contained in a communication from the Latin American Central of Workers (CLAT) dated 7 August 1997. Subsequently, in a communication dated 16 October 1997, the Central Association of Argentine Workers (CTA) supported the complaint and presented new allegations.
2. 108. The Government sent its partial observations in a communications dated 25 February and 22 May 1998.
3. 109. 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. The complainants' allegations

1. 110. In its communication of 7 August 1997, the Latin American Central of Workers (CLAT) states that the worrying rise in the unemployment rate has resulted in greater levels of social unrest in Argentina, and that in order to honour its commitments and obligations to the workers, trade union leaders have augmented the number of measures protesting against the national authorities which in turn, in spite of the international Conventions signed by Argentina, have led to a disturbing increase in acts of anti-union discrimination. Specifically, the CLAT alleges that in a number of provinces and regions, the following acts of violence have been committed:
   • -- Neuquén Province. In this region, which has been affected by very high levels of unemployment following the privatization of the National Oil Company (YPF) and the associated lay-offs, a number of trade union leaders affiliated to the Central Association of Argentine Workers (CTA) have been the victims of acts which directly violate the right to freedom of association. Specifically, during a demonstration organized on 12 April 1997 by workers in the region to protest against unemployment and the anti-social policies implemented by the Government, Ms. Teresa Rodríguez was shot to death. All the sources consulted state that she was killed by a shot fired by a police officer during the mass police action against the demonstrators. Following the death, the Association of State Workers (ATE) set up a human rights commission in its premises to monitor the investigation into the killing. On 15 March 1997, these premises were the target of an attack, and on the 24th of the same month, a group of unidentified persons fired shots at the front of the premises. On the night of 23 June 1997, a group of about 40 police officers broke into the homes of the following members of the Central Association of Argentine Workers (CTA) of Cutral-Co: Sandro Botron, Juan Bastías, Cristián Rodríguez, Oscar Chávez, Beatriz Parra, Cristián Valle and Angel Lucero. The trade unionists were taken from their homes without being informed of where they were being taken. The unlawful nature of the detentions is aggravated by the fact that, according to the testimony of various members of the detainees' families, some of the police officers involved in the operation wore hoods, struck children and old people, and used a disproportionate degree of force. According to confirmed reports, the officers were not from the Cutral-Co police department and had no jurisdiction in that city. The detainees were held at different times in different unknown locations. Subsequently, one police department claimed to be holding them in detention but declined to let anyone see them. After about 12 hours, following intense protests, the district criminal court judge proceeded to clarify the legal situation of the detainees and charged three of them (Cristián Rodríguez, Sandro Botron and Beatriz Parra) with committing an offence contrary to article 213bis of the Penal Code which provides for the punishment of members of a legitimate association which commits unlawful acts. The charge was based solely on the "evidence" of statements made by a number of police officials who accused the trade unionists of having participated in protest demonstrations and obstructed roads in the district, to demand the implementation of the agreement signed by the Government giving work to unemployed people in the area. The gravity of this illegal act is also underlined by the fact that only one legitimate charge was brought against three of the detainees. Another irregularity in legal terms was the fact that the detainees were conditionally released after being warned not to participate in any march or demonstration during the following days. This is particularly significant, bearing in mind the fact that a protest march had been due to take place 24 hours later in protest against the failure of the Government to keep its promises to provide jobs for the unemployed.
   • -- Buenos Aires Province -- Lanús. From 13 June 1997 onwards there was a series of physical attacks and threats against delegates and workers of the Lanús section of the Association of State Workers (ATE): (1) on 13 June at approximately 2 o'clock as he was leaving his place of work (the Evita Hospital in Lanús), the ATE delegate in that establishment, Mr. Jorge Villalba, was stopped by three individuals, one of whom wore a balaclava while the other two also concealed their faces. They proceeded to abuse him verbally for his trade union activities and shot him in the left hand. Mr. Villalba had to undergo surgery, the results of which are still not known. The incident was reported to the first police precinct of Lanús; (2) on 23 June 1997 at approximately 10 a.m., the mother of Ms. Nélida Curto, a member of the Administrative Committee of ATE-Lanús employed in the laboratory department of the Evita Hospital, received by telephone a death threat against her daughter. The incident was reported to Criminal Court No. 4 of the district of Lomas de Zamora; (3) on 26 June 1997 at about 8.10 a.m., Ms. Ana María Luguercho, an ATE delegate employed at the Arturo Melo Hospital, was stopped a few yards from her home by two men in a car of unknown make who detained and threatened her; (4) the ATE-Lanús delegate, Mr. Daniel Saavedra, received a death threat by telephone at his home; the caller appeared to know all the members of his family and details of his allegations. The incident was reported to the criminal court of the Lomas de Zamora Judicial Department.
   • -- Buenos Aires Province -- San Martín. The General Secretary of the ATE-San Martín, Mr. Víctor Bordiera, received an anonymous death threat by telephone at his home. The San Martín regional unit of the Buenos Aires Province police took note of the report of the incident and in turn reported it to the criminal court of the San Martín Judicial Department.
   • -- Buenos Aires Province -- General Rodríguez district. On 10 July 1997, an unsigned letter was received at the home of Mr. Ricardo Caffieri, containing threats against the Deputy General Delegate of ATE for General Rodríguez district. That night and the following day, he received similar threats by telephone at his home. The incident was reported by the General Secretary to the local police station, which immediately reported the matter to the district judge.
   • -- Attack on the home of the Deputy Secretary of the ATE (National-Federal Capital). At dawn on Saturday, 28 June 1997, the home of the Deputy Secretary of the ATE (National Branch), Mr. Juan González, came under attack. The attackers broke down the front door of the premises, which were not occupied by Mr. González at the time. The nature of the attack was evidenced by the fact that the attackers did not remove anything of value or indeed anything else from the premises. The operational capabilities of the attackers was illustrated by the fact that Mr. González lives right in the centre of the capital, only a block away from the district police station and close to the National Congress, in an area which enjoys a high level of police protection.
   • -- Comodoro Rivadavia and Goya districts. At dawn on 2 July 1997, unknown persons attacked the premises of the ATE (Comodoro Rivadavia section). The premises were looted. At the time of the attack, a police patrol was located less than 100 metres away but claims to have seen no suspicious activity, although the attackers removed all the furniture, computers and the fax machine from the premises. The premises of the Goya section of the ATE were also looted. In that incident, only minor articles were removed, fixtures were destroyed and graffiti drawn on the walls. Both cases are being investigated by the criminal courts of Comodoro Rivadavia and Goya districts.
2. 111. In its communication dated 16 October 1997, the Central Association of Argentine Workers (CTA) alleges that the attacks against the freedom of association of the CTA and its members in Neuquén Province have intensified and that the Governor of the province has requested the withdrawal of legal recognition from the state employees' and teaching unions (ATE and ATEN) which were affiliated to the CTA. The complainants maintain that the request is clearly an attempt to retaliate against the trade unions for the protests and stoppages agreed by them following a government decision to cut wages by 20 per cent. The complainants explain that during these legitimate union activities, which were conducted in accordance with all the relevant legal provisions, there were isolated disturbances caused by trouble-making elements that had nothing to do with the organizations concerned.

B. The Government's reply

1. 112. In its communications of 25 February and 22 May 1998, the Government states that, with regard to the killing of Ms. Teresa Rodríguez in Neuquén Province, an inquiry has been instituted by the Criminal Investigation Court of Cutral-Co, and that this investigation is at the preliminary stage of gathering evidence with a view to identifying the person or persons responsible for the killing and that police officer Hugo Alberto Rudolf has been indicted. Evidence from witnesses, ballistic evidence and evidence obtained from visual inspection of the scene have been obtained and the defence is presently appealing the indictment. Any new developments in the matter will be communicated immediately to the Committee.
2. 113. The Government states that, with regard to the incidents reported to have taken place within the jurisdiction of Buenos Aires Province -- Lanús, Lujan and General San Martin -- information has been requested from the Under Secretariat of Labour of Buenos Aires Province (the competent body for labour matters within the province). According to that body, no complaints have been received from the victims or from any trade union. Nevertheless, the appropriate inquiries are being carried out with the police of Buenos Aires Province and any information will be communicated to the Committee as quickly as possible. Finally, the Government states that, as concerns the incidents taking place in the provinces of Santa Cruz and Neuquén, it is awaiting the information requested from the respective governments. As concerns Ana María Luguercho, the proceedings currently under way in Lanús are not related to the allegations.

C. The Committee's conclusions

1. 114. The Committee notes that in the present case, the complainants allege the killing of a worker during a protest demonstration, the detention of trade unionists and break-ins at their homes, physical assaults and death threats against trade unionists, attacks on trade union headquarters and premises and on trade unionists' homes, and the request to withdraw legal recognition of a trade union in retaliation for demonstrations and stoppages.
2. 115. Firstly, the Committee notes with concern the gravity of all the allegations presented and regrets that the Government has only provided partial information.
3. 116. With regard to the allegation concerning the killing of the worker Ms. Teresa Rodríguez by police officers during a demonstration organized on 12 April 1997 in Neuquén Province in protest against unemployment, the Committee notes that the Government states that it has initiated judicial proceedings, a police official has been indicted in this matter and the indictment is being appealed.
4. 117. The Committee deeply deplores the killing of Ms. Teresa Rodríguez and cannot refrain from noting that the Government confirms the involvement of the police in the incidents in which the worker concerned died. Under these circumstances, the Committee hopes that the judicial proceedings will clarify the incidents, apportion responsibility and impose sanctions on the person or persons responsible, and requests the Government to keep it informed of the outcome of these proceedings.
5. 118. The Committee also recalls that in June 1996 it examined allegations of acts of violence against trade unionists who had participated in a protest demonstration in which a worker had also died. On that occasion, the Committee recalled that "the authorities should resort to the use of force only in situations where law and order is seriously threatened. The intervention of the forces of law and order should be in due proportion to the danger to law and order that the authorities are attempting to control and governments should take measures to ensure that the competent authorities receive adequate instructions so as to eliminate the danger entailed by the use of excessive violence when controlling demonstrations which might result in a disturbance of the peace" (see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 137). The Committee requested the Government "to instruct the police authorities in future to guarantee the exercise of the right of trade unions to demonstrate without being the object of disproportionate measures or excessive violence" (see 304th Report, Case No. 1839, para. 55). The Committee requests the Government in future to ensure that these principles are respected.
6. 119. The Committee notes that the other allegations presented in this case refer specifically to: (1) the attacks that took place on 15 and 24 May 1997 on the union premises of ATE in which a human rights commission had been set up to monitor the investigation into the killing of Ms. Teresa Rodríguez; (2) the break-ins into unionists' homes and subsequent detention on 23 June 1997 of members of the Cutral-Co branch of the CTA (Sandro Botron, Juan Bastías, Cristián Rodríguez, Oscar Chávez, Beatriz Parra, Cristián Valle and Angel Lucero) and the legal proceedings initiated against three of them (Rodríguez, Botrol and Parra); (3) the assault on ATE delegate Jorge Villalba, who was wounded in the left hand by a gunshot on 13 June 1997 in Lanús (the incident was reported to the Lanús police); (4) the death threat against Ms. Nélida Curto, a member of the Administrative Committee of ATE-Lanús, on 23 June 1997 (a complaint was made to the judicial authorities); (5) the threat made on 26 June 1997 against Ms. Ana María Luguercho, ATE delegate at the Arturo Melo Hospital; (6) the death threat against the ATE-Lanús delegate, Daniel Saavedra (a complaint was made to the judicial authorities); (7) the death threat against Víctor Bordiera, General Secretary of ATE-San-Martín (a complaint was made to the judicial authorities); (8) the threat against Mr. Ricardo Caffieri, Deputy General Delegate of ATE-General Rodríguez district, on 10 July 1997 (a complaint was made to the judicial authorities); (9) the attack on the home of the Deputy Secretary of ATE (National Branch), Mr. Juan González; (10) the attack and looting in July 1997 of the ATE premises in Comodoro Rivadavia and Goya; and (11) the request by the Governor of Neuquén Province for the withdrawal of legal recognition from the state employees' and teaching unions (ATE and ATEN) which are affiliated to the CTA, as retaliation for the demonstrations and work stoppages carried out by those trade unions (the complainants attached to their complaint a resolution by the Ministry of Labour and Social Security dated 13 October 1997 which states that "the permanent legal service of the Ministry of Labour will proceed, in accordance with article 56 of Act 23551, to seek judicial annulment of the legal recognition granted to the trade union entity Sindicato de Trabajadores de la Educación de Neuquén").
7. 120. In this context, the Committee regrets that the Government has not provided information on all the allegations, indicating only that information has been requested from the Under-Secretariat of Labour of Buenos Aires Province (that body has stated that no complaint has been received from the victims or from any trade union), that appropriate inquiries are being made with the police of Buenos Aires Province and that it has requested information from the governments of the provinces of Santa Cruz and Neuquén on the incidents which occurred there.
8. 121. In these circumstances, the Committee urges the Government to provide its observations as quickly as possible on all the pending allegations (provinces of Buenos Aires -- Santa Cruz and Neuquén) stating expressly the status of the complaints before the police or judicial authorities to which reference has been made by the complainants. The Committee requests the Government to take the necessary measures to ensure protection for the CTA and ATE and for the trade unionists who have been threatened.

The Committee's recommendations

1. 122. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • a. With regard to the allegation concerning the killing of Ms. Teresa Rodríguez by police officers during a demonstration organized on 12 April 1997 in Neuquén Province in protest against unemployment, the Committee hopes that the judicial proceedings currently in progress will clarify the facts, apportion responsibility and impose sanctions on the person or persons responsible, and requests the Government to keep it informed of the outcome of these proceedings.
   • b. Concerning the allegations relating to: (1) the attacks on 15 and 24 May 1997 on the ATE premises in Neuquén Province; (2) the break-ins at the homes and subsequent detention by the police on 23 June 1997 of members of the CTA of Cutral-Co (Sandro Botron, Juan Bastías, Cristián Rodríguez, Oscar Chávez, Beatriz Parra, Cristián Valle and Angel Lucero) and the legal proceedings initiated against three of them (Rodríguez, Botron and Parra); (3) the assault on ATE delegate Mr. Jorge Villalba, on 13 June 1997 in Lanús; (4) the death threat made against Ms. Nélida Curto, a member of the Administrative Committee of ATE-Lanús, on 23 June 1997; (5) the threat against the ATE delegate at the Arturo Melo Hospital, Ms. Ana María Luguercho on 26 June 1997; (6) the death threat against the ATE-Lanús delegate, Mr. Daniel Saavedra; (7) the death threat against the General Secretary of ATE-San-Martín, Mr. Víctor Bordiera; (8) the threat against the Deputy General Delegate of ATE-General Rodríguez district, Mr. Ricardo Caffieri, on 10 July 1997; (9) the attack on the home of the Deputy Secretary of ATE (National Branch), Mr. Juan González; (10) the attack and looting in July 1997 of the ATE premises in Comodoro Rivadavia and Goya; and (11) the request by the Governor of Neuquén Province to withdraw legal recognition from the state employees' and teaching unions (ATE and ATEN), which are affiliated to the CTA, the Committee regrets that the Government has not provided full information on these allegations and urges it to provide its observations as quickly as possible on all the allegations, indicating expressly the status of the complaints before the police or judicial authorities to which the complainants refer. The Committee requests the Government to take the necessary measures to ensure protection for the CTA and ATE and for trade unionists who have been threatened.