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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- 31. The Committee last examined this case concerning allegations of
harassment and subsequent dismissal of Mr Luis Rolando Samán Cuenca, General Secretary
of a brewery workers’ union, as a result of social media posts during the COVID-19
pandemic, at its meeting in June 2024 [see 407th Report, paras 383–404]. On that
occasion, the Committee expected that the proceedings pending final judgment (on
aggravated defamation and nullity of dismissal) would be resolved without delay, taking
into account the criteria set out in its conclusions in relation to the freedom of
expression of trade union organizations and its scope, and requested the Government to
keep it informed in this regard.
- 32. The Government transmitted its observations in communications dated 7
April and 24 July 2025, which contain information provided by the company regarding the
aforementioned proceedings pending final judgment. With regard to the proceedings on
aggravated defamation, according to the information provided by the Government, the
company indicates that, by resolution dated 10 March 2025, the Second Permanent Single
Member Criminal Court of Ate issued an order declaring the criminal action time-barred
in favour of Mr Samán Cuenca, thereby concluding the criminal proceedings in all
respects without a ruling on the merits of criminal liability. With respect to the
proceedings concerning the nullity of dismissal, the company indicates that, by decision
dated 8 July 2024, the Fourth Transitional Constitutional and Social Law Chamber of the
Supreme Court of Justice of the Republic declared the cassation appeal filed by the
company inadmissible.
- 33. With regard to the proceedings for aggravated defamation, the
Committee recalls that Mr Samán Cuenca had been acquitted at first and second instance
in 2021, but that the Supreme Court of Justice had overturned these judgments on
procedural grounds and ordered a new judgment to be handed down. In this regard, the
Committee takes due note of the issuance of an order declaring the criminal action
time-barred in favour of Mr Samán Cuenca.
- 34. With respect to the proceedings for nullity of dismissal, the
Committee recalls that the claim filed by the worker had been upheld in the first and
second instances, and that the reinstatement of Mr Samán Cuenca in the company had been
ordered, which the company had complied with temporarily while the cassation appeal
filed by the company was being resolved. Noting that this appeal was dismissed in 2024,
the Committee trusts that Mr Samán Cuenca has been permanently reinstated in the
company. In these circumstances, the Committee considers that this case does not call
for further examination and is closed.
