Informe provisional - Informe núm. 409, Marzo 2025

Caso núm. 3456 (Panamá) - Fecha de presentación de la queja:: 18-NOV-23 - Activo

Allegations: The complainant organizations allege the murders of four persons participating in protests, arbitrary detentions, acts of intimidation against trade union representatives, and the closure of SUNTRACS bank accounts in reprisals for its participation in protests against the decision to approve mining concession contracts

1. 260. The complaint is contained in a communication of the National Confederation of United Independent Unions (CONUSI) and the Single National Union of Construction Industry and Allied Workers (SUNTRACS), dated 18 November 2023, 12 and 19 March 2024, 5 August 2024, 18 November 2024 and 14 February 2025.
2. 261. The Government sent its observations in communications dated 6 December 2023, 22 February 2024, 20 May 2024 and 9 January 2025.
3. 262. Panama 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. 263. In a communication dated 18 November 2023, the complainants indicated that SUNTRACS, together with other trade union organizations, carried out protests against the Government’s decision to approve, through Act No. 406, the mining concession contract between the State and the mining enterprise, Sociedad Minera Panamá S.A. They add that this Act was declared unconstitutional in a Supreme Court ruling.
2. 264. The complainant organizations allege that, as a result of the protests carried out, the Government has taken reprisals consisting of: (i) the murders of teachers Abdiel Díaz and Iván Rodrigo Mendoza at one point during the demonstrations, the deaths of two other persons and the detention of 1,500 others in the context of the demonstrations against Act No. 406; (ii) instructing the law enforcement bodies to prevent the protests; (iii) filing criminal cases against the trade union representatives of the complainant organizations and other trade union organizations; (iv) threats against the lives of the general secretary of SUNTRACS, Saúl Méndez Rodríguez, and the international relations secretary, Jaime Caballero, as well as acts of vandalism to the trade union premises; and (v) the sudden closure of SUNTRACS bank accounts in the state bank, Caja de Ahorros (hereinafter the state bank 1), thus preventing the availability and use of union funds. With regard to the closure of the bank accounts, they add that the state bank 1, whose Board of Directors is presided by a Minister of State, justifies the closure citing alleged irregular movements related to money laundering and even, as one media platform highlighted based on information allegedly obtained from the Government, the financing of terrorist activities. They also indicate that, faced with these unfounded accusations, SUNTRACS has filed criminal cases against the state bank 1 and a precautionary measure before the Inter-American Commission on Human Rights.
3. 265. In a communication dated 12 March 2024, the complainant organizations present additional allegations in which they state that: (i) the closure of the bank accounts concerns SUNTRACS accounts of SUNTRACS’ services cooperative, the Cooperativa de Servicios Múltiples SUNTRAC R. L., and of a number of union leaders (a total of 18 bank accounts); (ii) on 5 January 2024, the Prosecutor for Organized Crime launched an investigation into SUNTRACS based on a report submitted by the Financial Analysis Unit to the Attorney-General of the Nation, which refers to three bank transactions relating to the false accusation of money laundering; (iii) no bank allows SUNTRACS or its leaders to open bank accounts, preventing them from receiving union dues; (iv) on 26 February 2024, Jaime Caballero, the international relations secretary of SUNTRACS, was arbitrarily detained by the police for five hours and interrogated, accused of alleged crimes against freedom and economic order, despite being a candidate for the Panamanian Congress and thereby protected by the Electoral Charter; (v) the accusation of crimes against freedom and economic order also includes the teacher Diógenes Sánchez and indigenous leaders who participated in the protests; and (vi) on 10 March 2024, a fire was reportedly started in SUNTRACS’ headquarters in West Panama, damaging part of the trade union premises.
4. 266. On 19 March 2024, SUNTRACS provided additional supporting documents to its allegations, including messages between SUNTRACS and the state bank 1, the Ministry of Labour and Labour Development (MITRADEL) and the Superintendency of Banks of Panama; the criminal charges brought against the officials concerned of the state bank 1; and a precautionary measure filed before the Inter-American Commission on Human Rights.
5. 267. In a communication dated 5 August 2024, CONUSI indicates that, further to meetings held with the new Government authorities, the National Bank of Panama (hereinafter the state bank 2) stated that it would receive SUNTRACS funds. CONUSI affirms, however, that the proposed banking terms and conditions authorize a transaction profile far below the income and administrative expenses, illustrating that the aim is to control the management and use of SUNTRACS resources, which would violate the rights of this trade union organization.
6. 268. In a communication dated 18 November 2024, SUNTRACS provides: (i) Decision No. 29 of the Public Prosecutor’s Office dated 30 August 2024, in which the Office of the Second Special Prosecutor for Organized Crime temporarily suspended the criminal charges against SUNTRACS for the alleged crimes against the economic order by money laundering, as such offences could not be established; and (ii) Decision No. 8061j-2023 of the Ombudsperson providing for the reparation of rights’ violations, dated 30 September 2024, stating that the closure of SUNTRACS bank accounts is a flagrant violation of trade union rights; that it recommends the state bank 1 to reinstate all of the union’s closed accounts; and that it urges MITRADEL to play a more active role with regard to the events reported and the Superintendency of Banks to adopt a more proactive approach to the protection of human rights of account holders.
7. 269. In a communication dated 14 February 2025, the complainant organisations allege that, following widespread protests against a disastrous social security reform: (i) the President of the Republic attacked the union in the media and ordered a fierce repression of any protest; (ii) on 12 February 2025, the police violently repressed a union demonstration and detained 500 demonstrators for more than 24 hours without guaranteeing due process; and (iii) on 13 February 2025, on the orders of the President of the Republic, the accounts of SUNTRACS in state bank 2 were frozen indefinitely and the account of its cooperative was closed.
8. B. The Government’s reply
9. 270. In a communication dated 6 December 2023, the Government indicates that: (i) the protests that took place in Panama between 24 October and 28 November 2023 were not related to labour issues or to events linked to violations of freedom of association, but rather to the widespread rejection of a mining concession that ended in a ruling of unconstitutionality of the Act approving that concession by the Supreme Court of Justice on 28 November 2023; it adds that the complainants participated in such protests together with other trade union organizations, although the complaint does not include these others; (ii) the protests led to the arrests of 1,317 persons, 1,110 of whom were brought before justices of the peace or the Public Prosecutor’s Office for acts of vandalism, attacks on law enforcement officers, theft, road closures and illegal toll collection, and that the four deaths reported were not caused by police forces but by individuals who have been arrested and brought before the courts; (iii) it is not true that the Government gave instructions to prevent the protests, or that the lives of Saúl Méndez and Jaime Caballero are in danger; this is evidenced by the fact that no leaders of SUNTRACS or CONUSI are among the 1,317 persons arrested and that there are no court proceedings under way against Saúl Méndez; but there is an order for arrest and prosecution for Jaime Caballero issued by the Public Prosecutor’s Office for the alleged offence against the administration of justice; and (iv) MITRADEL has requested the state bank 1 to explain the reasons behind the closure of SUNTRACS’ bank accounts but has yet to receive a reply, and Panama’s international financial centre is not controlled by the executive branch or the national Government but governed by a specific regulatory framework, outside MITRADEL’s competence; it must also be taken into account that apart from SUNTRACS’ accounts, no other account from any of the trade union organizations that participated in the protests against Act No. 406 has been closed by the banks.
10. 271. In a communication of 22 February 2024, the Government attaches: (i) various notices from the employer union, the National Council of Private Enterprise (CONEP), and the Chamber of Commerce, Industries and Agriculture of Panama in which they express their opinions on the protests against Act No. 406; (ii) Note No. 2023 (123-01) 254, of 7 December 2023, sent by the state bank 1 to MITRADEL, stating that, under banking confidentiality established by the Act on banking, the bank cannot reveal the reason for the closure of SUNTRACS bank accounts; and (iii) a reference to a video showing the events behind the criminal investigations against Jaime Caballero (Mr Caballero’s proposal to prevent the transfer of food to Panama City by a humanitarian bridge to mitigate the effects of the street closures).
11. 272. In a communication of 20 May 2024, the Government provided additional information stating that: (i) in a note dated 15 April 2024 (Note 2024-123-01-76), the state bank 1 reported that it is an autonomous state institution that acts in accordance with the law and that, as established by its regulatory standards, it is bound to maintain strict confidentiality regarding banking operations, and is only authorized to disclose information on its clients or operations with their authorization or at the request of the competent authorities; and (ii) in a communication of 10 April 2014 (Note No. SBP-2024-02394) the Superintendency of Banks of Panama stated that, because of administrative confidentiality over the information it can access with respect to a bank’s clients, it can only report that the complaint filed by SUNTRACS against the state bank 1 is being handled, adding that, in general, deposit accounts are governed by the contract between the depositor and the bank, and by the rules on financial operations, and its competence covers launching disciplinary proceedings only in order to identify violations to such rules. The Government also provides a communication of the Public Prosecutor’s Office, dated 15 April 2024 (DPGN-068-2024) in which it states that: (i) the Public Prosecutor’s Office has not ordered any precautionary measure or seizure of SUNTRACS’ funds in the state bank 1, that any decision to close accounts held by this financial body or prohibit the opening of new accounts is beyond its scope of action; (ii) the Public Prosecutor’s Office does not have any influence over decisions of banks in Panama not to allow SUNTRACS to open new bank accounts; (iii) on 7 November 2023, complaints were received against Saúl Méndez, Jaime Caballero and SUNTRACS for alleged crimes against the economic order and on 6 November 2023 a motu proprio investigation was launched against Jaime Caballero for alleged offences against the administration of justice, but as part of these two investigations no documentation was issued regarding SUNTRACS’ bank accounts and no persons are being held in preventive detention; and (iv) SUNTRACS’ complaint against officials of the state bank 1, the same body that is in the initial stage of investigation, was also received. The Government also states that, according to articles published in the newspaper La Prensa on 20 April 2024, in the case of the reported murders of two teachers in the context of the protests, the perpetrator of the crime is a private individual who is in prison by order of the judicial body, having been charged with the crimes of aggravated intentional homicide, and possession and trafficking of weapons and explosives. The Government adds that, according to the response provided by the Ministry of Public Security dated 8 May 2024 (Note No. 0187-OAL-2024), with regard to the deaths of two other persons, these deaths were caused by traffic incidents not related to the protests and, with regard to the reports of an attack against SUNTRACS’ premises in West Panama, the fire that occurred on 10 March 2024 was reportedly started by two unknown persons, but is an event unrelated to the protests against Act No. 406 that took place in September 2023. Additionally, the note sent by the Ministry of Public Security indicates that, as part of the protests against No. 406, there were road closures, illegal toll collection, material damages and other acts that constitute various offences, and that the acts reported in the complaint as violations of freedom of association were not a result of the action of the law enforcement bodies.
12. 273. In a communication of 9 January 2025, the Government provides new information showing a record of actions carried out by MITRADEL in relation to the alleged sudden closure of the complainants’ bank accounts deposited in the state bank 1. In this respect, it reiterates that MITRADEL is not competent to open or close bank accounts, intervene in financial or regulatory aspects of financial institutions or impose sanctions, but that the Ministry nonetheless continues to intervene on behalf of the trade union organizations in order to ensure that there are no restrictions by the banks to the exercise of freedom of association. The Government adds that: (i) on 9 August 2024, the new President of the Republic sent instructions to MITRADEL to address the issues raised by CONUSI; (ii) on 18 November 2024, MITRADEL responded to the Decision of the Ombudsperson providing for the reparation of rights’ violations, of 30 September 2024, urging the Ministry to “play a more active role in the protection of freedom of association, in view of the decision issued by the first state bank to close SUNTRACS’ bank accounts”; and (iii) the state bank 2 opened bank accounts for SUNTRACS, allowing the union to receive funds corresponding to union dues under the new administration, and maintaining the restriction against receiving foreign funds given that the investigations are ongoing.

C. The Committee’s conclusions

1. 274. The Committee observes that in the present case, the complainants allege the murders of four persons who participated in protests, arbitrary detentions, acts of intimidation against union representatives, and the closure of 18 bank accounts of SUNTRACS and its representatives by the Government and the state bank 1, in reprisal for its participation in protests against a decision to approve a mining concession contract approved by Act No. 406. The Committee notes that the Government maintains that the demonstrations that took place in October and November 2023, in which not only several trade union organizations but also broad sections from across civil society participated, were not related to labour issues and did not lead to any act of anti-union repression , that the Government in general and MITRADEL in particular are not competent to oversee banks’ decisions and that, since the new authorities took up office, SUNTRACS has had an account in the state bank 2.
2. 275. The Committee notes the complainants’ allegation that, as a result of the protests against Act No. 406, approving the mining concession contract between the State and a mining enterprise, four people were reported dead, including two teachers who were killed at one point in the demonstration (Abdiel Díaz and Iván Rodrigo Mendoza) and over 1,800 persons were arrested. The Committee notes the complainants’ additional allegation of threats against the lives of the general secretary of SUNTRACS, Saúl Méndez Rodríguez, and the international relations secretary, Jaime Caballero, as well as the fire started on SUNTRACS’ premises in West Panama.
3. 276. The Committee notes the Government’s indication that: (i) the perpetrator of the murder of the two teachers is a private individual who is in prison, prosecuted for the crimes of homicide and illegal possession of weapons and explosive; (ii) the deaths of two other persons were caused by traffic incidents unrelated to the demonstrations; (iii) the protests resulted in road closures, attacks on law enforcement officers, theft, toll collection, property damage and other acts that constitute various offences; 1,317 persons were arrested, 1,110 of whom were brought before justices of the peace or the Public Prosecutor’s Office, and none of the persons detained were leaders or members of the complainant organizations; and (iv) the arson attack by two individuals, which damaged SUNTRACS’ premises in West Panama, occurred in March 2024 and is not believed to be related to the protests of November 2024. The Committee takes due note of the information provided by the Government. The Committee highlights that freedom of association can only be exercised in conditions in which fundamental human rights, and in particular those relating to human life and personal safety, due process and the protection of premises and property belonging to workers’ and employers’ organizations, are fully respected and guaranteed [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 83], and also recalls that all allegations of violence against workers who are organizing or otherwise defending workers’ interests should be thoroughly investigated and full consideration should be given to any possible direct or indirect relation that the violent act may have with trade union activity [see Compilation, para. 101]. In the light of the foregoing, the Committee requests the Government to: (i) provide information on the final outcome of the investigations and judicial proceedings relating to the deaths of four persons during the protests in November 2024; (ii) ensure that an investigation is conducted into the fire on SUNTRACS’ premises in West Panama in order to identify the perpetrators and to provide information on its outcome; and (iii) ensure that SUNTRACS’ leaders enjoy the necessary protection measures if they are exposed to situations of risk. The Committee observes that the complainants also report that criminal cases were filed against several SUNTRACS leaders following their participation in protests in November 2023. The complainants refer in particular to the situation of Jaime Caballero, international relations secretary of SUNTRACS, who was reportedly detained arbitrarily and interrogated by the police for five hours on 26 February 2024. The Committee notes that the Government, for its part, states that it is investigating the complaints received on 7 November 2023 against Saúl Méndez, Jaime Caballero and SUNTRACS for alleged crimes against the economic order, and that on 6 November 2023 a motu proprio investigation was launched against Jaime Caballero for the alleged offence against the administration of justice, with no person being held in preventive detention.
4. 277. The Committee also notes that the complainants attach Decision No. 29 of the Public Prosecutor’s Office of 30 August 2024, in which the deputy prosecutor of the Office of the Second Special Prosecutor for Organized Crime temporarily suspended the criminal charges handed down in January 2024 against SUNTRACS for the alleged crimes against the economic order through money laundering, as such offences could not be established. In the light of the foregoing and noting that the Government has not provided information on this latest investigation, the Committee requests the Government to: (i) indicate whether the above-mentioned Decision implies the closure of any criminal investigations against SUNTRACS for the alleged offence of money laundering; (ii) provide information on the outcome of the criminal investigation launched motu proprio against Jaime Caballero for the alleged offence against the administration of justice; and (iii) indicate whether there are any other criminal investigations under way against the trade union representatives referred to above and, if so, to provide information on the current status of such investigations.
5. 278. The Committee notes the complainants allegations that: in November 2023: (i) the state bank 1 carried out the sudden closure of the bank accounts of SUNTRACS, SUNTRACS’ services cooperative, Cooperativa de Servicios Múltiples SUNTRACS R.L., and trade union leaders (a total of 18 bank accounts), preventing the availability and use of union funds; (ii) at the same time, no bank allowed SUNTRACS or its leaders to open bank accounts, preventing them from receiving union dues; (iii) in response to these acts of reprisal for SUNTRACS’ participation in the protests in November 2023, the trade union filed a criminal complaint against the bank and the Superintendency of Banks, filed a precautionary measure before the Inter-American Commission on Human Rights, and referred to the Ombudsperson of Panama; (iv) in January 2024, the Prosecutor for Organized Crime launched an investigation into SUNTRACS based on a report submitted by the Financial Analysis Unit to the Attorney-General of the Nation, which refers to three bank transactions relating to the false accusation of money laundering; this investigation was suspended on 30 August 2024 because of a lack of substantial evidence of such an offence; (v) although SUNTRACS was ultimately able to activate certain accounts with another public bank, the use of these accounts is limited since they have a transaction profile far below the regular financial operations carried out by the union, which limits its activity and independence; and (vi) on 30 September 2024, the Ombudsperson indicated that the closure of SUNTRACS’ bank accounts constituted a flagrant violation of trade union rights of the union in question, recommending that the state bank 1 reinstate all of the union’s closed accounts and requesting MITRADEL and the Superintendency of Banks to ensure freedom of association.
6. 279. The Committee notes the Government’s indication that: (i) the closure of bank accounts carried out by the state bank 1 constitutes an independent decision of this bank; (ii) MITRADEL is not competent to open or close bank accounts, or intervene in financial or regulatory matters of financial institutions that are governed by a specific regulatory framework; (iii) notwithstanding the above, MITRADEL has continued to intervene on behalf of the trade union organizations in order to ensure that there are no restrictions by the banks to the exercise of freedom of association; (iv) MITRADEL requested the state bank 1 and the Superintendency of Banks to indicate the reasons for the account closures; (v) the state bank 1 stated that it is only authorized to disclose information on its clients or operations with their authorization or at the request of the competent authorities; (vi) the Superintendency of Banks stated that deposit accounts are governed by the contract between the depositor and the bank, and by the rules on financial operations, and its competence covers launching disciplinary proceedings only in order to identify violations to such rules; (vii) the Public Prosecutor’s Office indicated that it has not ordered any precautionary measure or seizure of SUNTRACS’ funds in the state bank 1, and that it does not have any influence over decisions of the banks in Panama not to allow SUNTRACS to open new bank accounts; (viii) on 9 August 2024, the new President of the Republic instructed MITRADEL to address the issues raised by CONUSI; (ix) on 18 November 2024, MITRADEL responded to the Decision of the Ombudsperson of Panama providing for the reparation of rights’ violations, of 30 September 2024, urging the ministry to “play a more active role in the protection of freedom of association, in view of the decision issued by the first state bank to close SUNTRACS’ bank accounts”; and (x) the state bank 2 opened bank accounts for SUNTRACS, maintaining the restriction against receiving foreign funds given that the investigations are ongoing.
7. 280. In the light of the foregoing, the Committee notes that from the information provided by the parties, including the content of Decision No. 29 of the Public Prosecutor’s Office of 30 August 2024 and Decision No. 8061j-2023 of the Ombudsperson providing for the reparation of rights’ violations, of 30 September 2024, that: (i) in November 2023, the state bank 1 unilaterally carried out the closure of SUNTRACS’ bank accounts, which at that time could not open an account in other banks in the country; (ii) as highlighted by the complainants and stated by the Ombudsperson, by coincidence, the closure of bank accounts occurred at the same time as a newspaper article linking the trade union funds with money laundering and the financing of terrorism; (iii) after the closure of the accounts, in 2024 the Public Prosecutor’s Office launched investigations into the possible offence of money laundering with respect to SUNTRACS’ accounts; and Decision No. 29 of the Public Prosecutor’s Office, of 30 August 2024, issued by the Office of the Second Special Prosecutor for Organized Crime temporarily suspended the charges, as no evidence could be found to establish such an offence; (iv) the Public Prosecutor’s Office confirmed that it had not requested any action relating to SUNTRACS’ bank accounts; (v) the Ombudsperson considered that the account closures are a flagrant violation of the trade union rights of the trade union organization in question, and recommended that the state bank 1 reinstate all of the union’s closed accounts; the Ombudsperson also considered that no legal grounds had been put forward to justify the account closures, apart from the discretion that banks have over deciding to end their contractual relations with their clients; (vi) the account opened with the state bank 2 after the new Government had taken up office has limits to the amount of the funds that can be deposited (as stated by the Ombudsperson) and to the external sources of funds (as indicated by the Government); and (vii) the Government explains these limits by referring to investigations that are under way, but does not provide information in this regard, while the Ombudsperson considers that these limits violate the principles of equality and non-discrimination in the access of banking services and directly impact the freedom of the union to manage its resources.
8. 281. The Committee notes from the above information that: (i) the closure of SUNTRACS’ accounts was ordered directly by the state bank 1, without any intervention of an independent supervisory body of the banking system or a judicial body; (ii) in accordance with this, beyond the general principle of contractual freedom, there is no mention of any specific legal or regulatory framework on which the decision to close the accounts was based; and (iii) the current limitations on SUNTRACS’ bank account with the state bank 2 would be justified through investigations still under way, without the Committee having received specific information in this regard and without any information on whether these limitations have arisen from the decision of an independent supervisory body of the banking system or a judicial body.
9. 282. The Committee recalls that provisions which restrict the freedom of trade unions to administer and utilize their funds as they wish for normal and lawful trade union purposes are incompatible with principles of freedom of association [see Compilation, para. 683] and that the general principle that there should be judicial control of the internal management of an occupational organization in order to ensure an impartial and objective procedure is particularly important in regard to the administration of trade union property and finances [see Compilation, para. 713]. Noting also that the replies provided by the Government emphasize the independence of the banks, the Committee also recalls that the ultimate responsibility for ensuring respect for the principles of freedom of association lies with the Government [see Compilation, para. 46].
10. 283. In the light of the foregoing and given the time that has elapsed since the union's bank accounts were closed and the impact this has on its ability to carry out its activities in defence of its members, the Committee requests the Government to, in the absence of a decision of a competent authority to the contrary, adopt immediate measures in order to guarantee SUNTRACS full access to its funds and the functioning of its accounts in the financial system. The Committee also requests the Government, in consultation with the representative social partners and in order to fully guarantee the right of trade union organizations to organize their administration and activities, to ensure that any restrictions on the use of trade union funds or in the management of their bank accounts is based on an impartial and objective procedure, carried out by a body independent of the administrative authorities and, in all cases, subject to judicial oversight. The Committee requests the Government to keep it informed in this respect.
11. 284. The Committee finally takes note of the 14 February 2025 communication from the complainant organisations and asks the Government to send its observations on the allegations contained therein.

The Committee’s recommendations

1. 285. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee requests the Government to: (i) report on the final outcome of the investigations and judicial proceedings regarding the deaths of four persons that occurred during the protests in November 2024; (ii) ensure that the fire on the Single National Union of Construction Industry and Allied Workers (SUNTRACS)’ premises in West Panama leads to an investigation to identify the perpetrators, and report on the outcome; and (iii) ensure that SUNTRACS’ leaders enjoy the necessary protection measures in cases where they are exposed to risk.
   • (b) The Committee requests the Government to: (i) indicate whether Decision No. 29 of the Public Prosecutor’s Office of 30 August 2024 implies the closure of any criminal investigations against SUNTRACS for the alleged crime of money laundering; (ii) report on the outcome of the motu proprio criminal investigation against Jaime Caballero for the alleged offence against the administration of justice; and (iii) indicate whether there is any other criminal investigation under way against the trade union representatives concerned and, if so, to report on the current status of these investigations.
   • (c) The Committee requests the Government to, in the absence of a decision of a competent authority to the contrary and given the time that has elapsed since the union's bank accounts were closed and the impact this has on its ability to carry out its activities in defence of its members, adopt immediate measures in order to guarantee SUNTRACS full access to its funds and the functioning of its accounts in the financial system. The Committee also requests the Government, in consultation with the representative social partners and in order to fully guarantee the right of trade union organizations to organize their administration and activities, to ensure that any restrictions on the use of trade union funds or in the management of their bank accounts is based on an impartial and objective procedure, carried out by a body independent of the administrative authorities and, in all cases, subject to judicial oversight.
   • (d) The Committee requests the Government to send its observations on the allegations contained in the communication from the complainant organizations of 14 February 2025.