Rapport intérimaire - Rapport No. 239, Juin 1985

Cas no 1098 (Uruguay) - Date de la plainte: 15-DÉC. -81 - Clos

COMPLAINTS PRESENTED BY THE INTERNATIONAL CONFEDERATION OF FREE TRADE UNIONS, THE WORLD FEDERATION OF TRADE UNIONS, THE NATIONAL WORKERS CONVENTION OF URUGUAY AND THE PERMANENT CONGRESS OF TRADE UNION UNITY OF LATIN AMERICAN WORKERS AGAINST THE GOVERNMENT OF URUGUAY

• COMPLAINTS PRESENTED BY THE INTERNATIONAL CONFEDERATION OF FREE TRADE UNIONS, THE WORLD FEDERATION OF TRADE UNIONS, THE NATIONAL WORKERS CONVENTION OF URUGUAY AND THE PERMANENT CONGRESS OF TRADE UNION UNITY OF LATIN AMERICAN WORKERS AGAINST THE GOVERNMENT OF URUGUAY
  204. 204 The Committee examined these cases at its November 1982, May 1983 and February and November 1984 meetings, when it presented interim reports to the Governing Body (see 218th Report of the Committee, paras. 631 to 654, 226th Report of the Committee, paras. 141 to 153, 233rd Report of the Committee, paras. 382 to 391, and 236th Report of the Committee, paras. 354 to 361, which were approved by the Governing Body at its 221st, 223rd, 225th and 228th Sessions in November 1982, May-June 1983 and February and November 1984 respectively). The Government has since sent additional information in communications dated 12 and 26 March and 3 May 1985.
  205. 205 Uruguay has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No.087), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 098).

A. Previous examination of the cases

1. 206. When the Committee examined these cases at its November 1984 meeting, it made the following recommendations on the allegations which were pending:
   • (a) The Committee notes that the Government has transmitted to the judicial authorities the Committee's request that measures be taken to secure the release of ten trade union leaders and trade unionists (Alberto Cases Rodríguez, Daniel Uriarte Pintos, Gene Mateos Calvete, Nelson Cuello Camejo, Ramón Freire Pizzano, Armando Coronel Báez, Humberto Bonelli, Helvecio Bonelli Arias, Alberto Urruty Pizarro and Elbio Quinteros Bethancourt, in respect of whom it wished to be kept informed of any action taken) and that it has also expressed the hope that this request will be heeded. The Committee requests the Government to keep it informed of any decision taken in this regard.
   • (b) With reference to the list of 34 trade unionists detained, tried or sentenced in respect of whom the Committee had requested the Government to indicate the concrete acts of which they were accused (Milton Morales - in detention, David Calleros, Jesús Eguren, Jaime López, María Martínez , Carlos Mechoso, Roberto Meirelles, Dimar Silva - all undergoing trial; Jorge Alvarez, Rubén Bello, Diego Brugnole, Jaime Bugarín, Julio Durante, José Glisenti, Carlos Goerrero, Miguel Guzmán, Yolanda Ibarra, Luis Iguini, Raúl Larraya, Wilman Lasena, Francisco Laurenzo, Waldamar de León, León Lev, Miguel Longo, Francisco Maiorana, Guillermo Martiello, Leandro Moreira, Rogelio Ortiz, Norberto Quintana, Ramón R. Reyes, Tomás Rivero, Washington Rodríguez Belleti, Hugo Rossi and Edgardo Torres - all sentenced), the Committee observes that the Government has indicated in a general manner the acts which led to their trial and that some of these activities have no connection whatsoever with freedom of association and constitute offences under ordinary law. However, some of the other activities of which they are accused might have been carried out within the framework of trade union activities. The Committee therefore requests the Government to re-examine the situation of these persons with a view to the release of those who may have been detained for engaging in activities of a trade union character. It also requests that the Government supply information on this matter.

B. The Government's reply

1. 207. In its communications of 12 and 26 March 1985 the Government states that Luis Washington Rodríguez Belleti is in hiding and that all the other persons mentioned by the complainants, with the exception of Rubén Bello and León Lev (the latter of whom was sentenced for forgery) have been freed, some of them in application of the law of amnesty for political offences.

C. Conclusions of the Committee

1. 208. In connection with the allegations which remained pending, the Committee notes with satisfaction the release of 41 of the 44 trade union leaders and trade unionists who had been arrested, brought to trial or sentenced, some of them as a result of the application of the law of amnesty for political offences. As regards the remaining three persons who had been sentenced, the Committee notes that Luis Washington Rodríguez Belleti (a sugar workers' leader) is in hiding and that Rubén Bello (a port workers' leader) and León Lev (a member of a bank workers' union) are serving prison sentences (the latter for forgery). The Committee requests the Government to indicate the concrete facts serving as grounds for the sentences passed on the first two trade unionists mentioned in order to enable it to determine whether or not these sentences were based on trade union activities.

The Committee's recommendations

1. 209. In these circumstances, the Committee recommends the Governing Body to approve this interim report, and in particular the following conclusions:
   • (a) The Committee notes with satisfaction that 41 of the 44 trade union leaders and trade unionists who had been arrested, brought to trial or sentenced have now been released, some of them as a result of the application of the law of amnesty for political offences.
   • (b) As regards the three remaining persons, who had been sentenced, the Committee notes that Luis Washington Rodríguez Belleti (a sugar workers' leader) is in hiding and that Rubén Bello (a port workers' leader) and León Lev (a member of a bank workers' union) have been sentenced to imprisonment (the latter for forgery). The Committee requests the Government to indicate the concrete facts serving as grounds for the sentences passed on the first two trade unionists mentioned in order to enable it to determine whether or not these sentences were based on trade union activities.