Rapport intérimaire - Rapport No. 144, 1974

Cas no 679 (Espagne) - Date de la plainte: 14-SEPT.-71 - Clos

1. 76. The Committee examined this case previously at its May 1973 session, when it submitted to the Governing Body an interim report which is to be found in paragraphs 97 to 101, 106 to 110 and 121(b) of its 137th Report, approved by the Governing Body at its 190th Session (May-June 1973).
2. 77. In paragraph 121(b) of that report the Committee recommended the Governing Body to request the Government to supply additional information on various points.
3. 78. The Government forwarded this additional information by a communication dated 11 February 1974.
4. 79. In this communication the Government reaffirms the position stated in its communications of 29 February and 13 May 1972 with respect to certain cases pending in regard to Spain. The Committee draws attention in this respect to the remarks it made in paragraphs 98 and 99 of its 137th Report. In supplying its information the Government once again declares that "the fact that a government replies to a request for information on a specific complaint does not imply that the government recognises the accuracy or - even less - the validity of the complaint but merely that it is co-operating with the Committee and with the Governing Body".
5. 80. Spain has not ratified either the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), or the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 81. It should be recalled that the ICFTU alleged in its original communication that the worker Pedro Patiño had been killed by the police while distributing leaflets among other construction workers on strike to demand better wages and recognition of freedom of association. The WCL filed a complaint on the same subject, adding that many workers had been imprisoned for having gone on strike. The WFTU, for its part, alleged that Pedro Patiño had been shot in the back while distributing leaflets, that another worker had been wounded in the leg and that several leading members of the Workers' Committees had been arrested.
2. 82. The WCFTU stated in a further communication that a bill of indictment had been issued against 14 workers charged with the offence of sedition under articles 218 ff of the Penal Code. A document appended to this communication stated that on 13 September 1971, while Mr. Patiño and three other workers were talking to building workers, a police car arrived, whereupon they fled without heeding the police order to stop. The police opened fire on the workers, killing Mr. Patiño. The other three, one of whom was wounded, were arrested. Another document stated that when identifying the body Pedro Patiño's widow and a doctor accompanying her had been able to see that his wound was in his back. This report further stated that the deceased's family had not been permitted to exercise their right to designate medical practitioners to assist with the autopsy.
3. 83. In its comments the Government stated that the Spanish authorities had been the first to regret the incident which had led to the death of Pedro Patiño. The competent judicial body had immediately carried out an inquiry to ascertain the causes of this incident and determine liability. The Government concluded by stating that these proceedings had been terminated as no grounds had been found for laying charges.
4. 84. When it examined this case at its May 1973 session the Committee recommended the Governing Body:
   • (a) to request the Government to supply details concerning the findings of the inquiry into the death of Pedro Patiño and the text of the decision to terminate the proceedings together with the reasons given therefor;
   • (b) to request the Government to supply information concerning the arrests made, the proceedings brought against the arrested persons and their outcome, together with the text of the judgement handed down and the grounds adduced therefor.
5. 85. In its communication of 11 February 1974 the Government states that of the 14 persons concerned 11 are now free and three were sentenced by a court of competent jurisdiction to two years' imprisonment and a fine of 10,000 pesetas for offences of spreading illegal propaganda. The Government adds that the three accused have appealed against this sentence to the Supreme Court and have been released on bail, the matter remaining sub judice until the final judgement is pronounced.

B. B. The Committee's conclusions

1. 86. The Committee takes note of this information, but observes that the Government has not replied to its request for information concerning the inquiry into the circumstances of the death of Pedro Patiño.

The Committee's recommendations

1. 87. In these circumstances the Committee recommends the Governing Body:
   • (a) to request the Government once again to supply details concerning the findings of the inquiry into the death of Pedro Patiño and the text of the decision to terminate the proceedings together with the reasons given therefor;
   • (b) to request the Government to supply the text of the judgement handed down by the competent court with respect to the three persons sentenced and of the judgement of the Supreme Court with regard to this case, when delivered;
   • (c) to take note of the present interim report, on the understanding that the Committee will report again to the Governing Body once it has received the information requested from the Government.