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Effect given to the recommendations of the Committee and the Governing Body
Effect given to the recommendations of the Committee and the Governing Body- 69. The Committee last examined this case, relating to the trial and sentencing for “breach of trust” of the three presidents of the trade union confederations, the United Confederation of Workers (CUT), the Paraguayan Confederation of Workers (CPT) and the Trade Union Confederation of State Employees of Paraguay (CESITEP), Mr Alan Flores, Mr Gerónimo López and Mr Reinaldo Barreto Medina, at its November 2012 meeting [see 365th Report, paras 114–116]. On that occasion, the Committee requested the Government to: (i) send its observations concerning the communications of CESITEP (reporting that Mr Alan Flores continued to take refuge in Argentina and that, after serving more than two-thirds of the four year sentence imposed on him, Mr Reinaldo Barreto Medina was granted parole, but the Public Prosecutor’s Office challenged that decision); and (ii) ensure that Mr Alan Flores was able to return to Paraguay without being arrested in connection with those proceedings. The Committee recalls that on previous examinations of the case, it had deeply deplored the fact that judicial proceedings had gone on for more than ten years, and had taken note that in 2003 an ILO mission had visited Paraguay in connection with the case and had stated on that occasion, among other things, that “the court of first instance violated the principle of nullum crimen sine lege, which prohibits applying criminal law retroactively, and the sentence was handed down on the basis of a rule of criminal law promulgated after the acts at issue took place” and that “the accused have served a substantial part of the terms of imprisonment imposed by the court of first instance” [see 332nd Report, para. 122]. The Committee again reiterated the importance of ensuring that those trade union officials were not subject to criminal sanctions, including imprisonment.
- 70. In the follow-up to the case, the Committee takes note of the following information provided by CESITEP, in communications dated 9 September 2013, 26 May, 6 June, 30 September and 5 November 2014, 29 May 2015 and 30 May 2016: (i) reporting further abuses of power and prevarication by the judicial authorities, as well as anti-union harassment, and irregularities in the process through which the union leaders were sentenced, which had gone on for more than 16 years; (ii) reporting in September 2013 on the persecution of, and arrest warrant for, Mr Reinaldo Barreto Medina, claiming that both he and another union leader, Mr Florencio Florentín, should have obtained release without supervision but had not been granted it; (iii) claiming that, despite the fact that on 24 August 2013 Mr Reinaldo Barreto Medina had fully served his sentence, it was not then ruled that his sentence had in fact been fully served and the case subsequently remained open so as to comply with the alleged “probationary period” (a legal concept used to impose a further sentence through a probationary period of two years); (iv) claiming that, although Mr Reinaldo Barreto Medina’s sentence was finally terminated and his final discharge granted through resolution No. 1461 dated 12 September 2014, that resolution was appealed by the Public Prosecutor’s Office on 30 September 2014; (v) reporting that with regard to this complaint, a formal complaint was submitted to the Inter-American Commission on Human Rights (CIDH) against the State of Paraguay, processed as case No. 12821; (vi) challenging the allegations from the Government of corruption regarding the case and defending the union leaders’ handling of the actions that led to their convictions; (vii) deploring both the death in hiding of the president of the CTP, Mr Gerónimo López, due to a lack of medical assistance, as well as the political exile of the president of the CUT, Mr Alan Flores; and (viii) requesting a direct contacts mission to the country.
- 71. Furthermore, the Committee takes note of the following information provided by the Government in communications dated 12 March and 14 July 2014, and 23 June 2015, indicating that: (i) Mr Alan Alberto Flores is a fugitive from justice and is residing in Argentina, where he has applied for political asylum; (ii) Mr Reinaldo Barreto Medina was granted parole on 20 July 2012, and on 12 September 2014 his sentence was declared terminated, but the Public Prosecutor’s Office appealed this decision as an appeal against the decision to grant parole to the union leader, lodged by the same Public Prosecutor’s Office, remained unresolved; and (iii) Mr Gerónimo López Gómez, while a fugitive from justice, passed away in September 2012 (according to information provided to the Government by the CTP).
- 72. The Committee regrets the allegations regarding the death while in hiding and as a fugitive from justice of the president of CTP, Mr Gerónimo López; the situation of Mr Alan Flores, residing abroad as a fugitive from justice; and that the Public Prosecutor’s Office has appealed the decisions to grant Mr Reinaldo Barreto Medina parole and to declare his sentence terminated. The Committee can only firmly reiterate its previous recommendations and request that the Government keeps it informed in this regard, as well as regarding the result of the appeal from the Public Prosecutor’s Office against the decision to terminate the sentence of Mr Reinaldo Barreto Medina.
- 73. Finally, the Committee requests the Governments and/or complainants concerned to keep it informed of any developments relating to the following cases.
| Case | Last examination on the merits | | Last follow-up examination |
| 2096 (Pakistan) | March 2004 | | June 2016 |
| 2512 (India) | November 2007 | | November 2015 |
| 2528 (Philippines) | June 2012 | | November 2015 |
| 2566 (Islamic Republic of Iran) | November 2016 | | – |
| 2673 (Guatemala) | June 2010 | | June 2016 |
| 2684 (Ecuador) | June 2014 | | – |
| 2750 (France) | November 2011 | | March 2016 |
| 2752 (Montenegro) | November 2016 | | – |
| 2755 (Ecuador) | June 2010 | | March 2011 |
| 2758 (Russian Federation) | November 2012 | | June 2015 |
| 2763 (Bolivarian Republic of Venezuela) | November 2016 | | – |
| 2780 (Ireland) | March 2012 | | – |
| 2797 (Democratic Republic of the Congo) | March 2014 | | – |
| 2850 (Malaysia) | March 2012 | | June 2015 |
| 2872 (Guatemala) | November 2011 | | – |
| 2883 (Peru) | November 2016 | | – |
| 2934 (Peru) | November 2012 | | – |
| 2952 (Lebanon) | March 2013 | | June 2016 |
| 2976 (Turkey) | June 2013 | | March 2016 |
| 3022 (Thailand) | November 2016 | | – |
| 3024 (Morocco) | March 2015 | | March 2016 |
| 3039 (Denmark) | November 2014 | | June 2016 |
| 3046 (Argentina) | November 2015 | | – |
| 3055 (Panama) | November 2015 | | – |
| 3072 (Portugal) | November 2015 | | – |
| 3083 (Argentina) | November 2015 | | – |
| 3102 (Chile) | November 2015 | | – |
| 3105 (Togo) | June 2015 | | – |
| 3110 (Paraguay) | June 2016 | | – |
| 3123 (Paraguay) | June 2016 | | – |
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- 74. The Committee hopes that these Governments will quickly provide the information requested.
- 75. In addition, the Committee has received information concerning the follow-up of Cases Nos 1787 (Colombia), 1865 (Republic of Korea), 1962 (Colombia), 2153 (Algeria), 2341 (Guatemala), 2362 (Colombia), 2400 (Peru), 2434 (Colombia), 2488 (Philippines), 2540 (Guatemala), 2583 (Colombia), 2595 (Colombia), 2603 (Argentina), 2637 (Malaysia), 2652 (Philippines), 2656 (Brazil), 2667 (Peru), 2679 (Mexico), 2694 (Mexico), 2699 (Uruguay), 2700 (Guatemala), 2706 (Panama), 2708 (Guatemala), 2710 (Colombia), 2715 (Democratic Republic of the Congo), 2716 (Philippines), 2719 (Colombia), 2725 (Argentina), 2745 (Philippines), 2746 (Costa Rica), 2751 (Panama), 2756 (Mali), 2763 (Bolivarian Republic of Venezuela ), 2768 (Guatemala), 2786 (Dominican Republic), 2789 (Turkey), 2793 (Colombia), 2807 (Islamic Republic of Iran), 2816 (Peru), 2827 (Bolivarian Republic of Venezuela), 2833 (Peru), 2837 (Argentina), 2840 (Guatemala), 2852 (Colombia), 2854 (Peru), 2856 (Peru), 2860 (Sri Lanka), 2871 (El Salvador), 2895 (Colombia), 2896 (El Salvador), 2900 (Peru), 2915 (Peru), 2916 (Nicaragua), 2917 (Bolivarian Republic of Venezuela), 2924 (Colombia), 2925 (Democratic Republic of the Congo), 2929 (Costa Rica), 2937 (Paraguay), 2944 (Algeria), 2946 (Colombia), 2953 (Italy), 2954 (Colombia), 2960 (Colombia), 2962 (India), 2973 (Mexico), 2979 (Argentina), 2980 (El Salvador), 2985 (El Salvador), 2987 (Argentina), 2988 (Qatar), 2991 (India), 2992 (Costa Rica), 2994 (Tunisia), 2995 (Colombia), 2998 (Peru), 2999 (Peru), 3006 (Bolivarian Republic of Venezuela), 3020 (Colombia), 3021 (Turkey), 3026 (Peru), 3030 (Mali), 3033 (Peru), 3036 (Bolivarian Republic of Venezuela), 3040 (Guatemala), 3041 (Cameroon), 3043 (Peru), 3051 (Japan), 3054 (El Salvador), 3057 (Canada), 3058 (Djibouti), 3059 (Bolivarian Republic of Venezeula), 3064 (Cambodia), 3065 (Peru), 3066 (Peru), 3075 (Argentina), 3077 (Honduras), 3085 (Algeria), 3087 (Colombia), 3093 (Spain), 3096 (Peru), 3098 (Turkey), 3101 (Paraguay), 3114 (Colombia), 3140 (Montenegro), 3142 (Cameroon), 3169 (Guinea), 3177 (Nicaragua) and 3182 (Romania), which it will examine as swiftly as possible.
