Effect given to the recommendations of the committee and the Governing Body - REPORT_NO316, June 1999

Effect given to the recommendations of the Committee and the Governing Body

1. 56. When it examined this case at its November 1998 session (see 311th Report, paras. 41-44), the Committee noted that the Government had not provided the information requested concerning the following recommendations:
   • -- The Committee requested the Government to take the necessary steps to carry out an independent inquiry to look into the allegations concerning the death of the trade unionist, Ms. Julia Esperanza Quintanilla (according to the complainant, the management of the enterprise refused the trade unionist the possibility of seeking medical assistance), and in the event that these facts are confirmed, to bring appropriate action before the courts in order to determine responsibilities and punish the guilty. The Committee requested the Government to keep it informed in this respect.
   • -- With respect to the alleged arrests (by the security staff in the enterprise) of a member of the trade union executive, of two workers of the Sanobang Wool Apparel El Salvador S.A. enterprise and of Mr. Elisio Castro Pérez, secretary-general of the trade union of the textile factory, Mandarín International, as well as the physical attacks on the trade union official of the same trade union, Ms. Marta Rivas, both events allegedly occurred on 15 May 1995, the Committee requested the Government to take steps to carry out an inquiry into the allegations and, if it is ascertained that the trade unionists in question were unlawfully deprived of their freedom -- even for a short period of time -- and that Ms. Rivas was physically attacked by the security guards of Mandarín International, to bring appropriate action before the courts so that the guilty should be duly punished. The Committee requested the Government to keep it informed in this respect.
   • -- The Committee requested the Government to carry out as a matter of priority an inquiry concerning the threats made against trade unionists in two enterprises noted in the allegations in the free trade zones and to ensure that effective protection is provided for the workers in theses enterprises. The Committee requested the Government to keep it informed in this respect.
2. 57. Furthermore, the Committee requested the Government to keep it informed of the outcome of the judicial proceedings against Mr. Huezo concerning false testimony, sequestration, extortion, death threats, illegal detention, defamation and damages and interest.
3. 58. In communications of 11 December 1998 and 14 April 1999, the Government states as follows: (1) Ms. Julia Esperanza Quintanilla died at 14.00 on 2 March 1995 in the "El Carmen" quarter of the city following a serious attack of gastroenteritis, despite having received medical aid, as confirmed by the death certificate. At the time of her death, this worker was covered by the Salvadorian Institute of Social Security, and the enterprise gave to the mother of the deceased an amount equivalent to 60 days of base salary for the funeral, pursuant to article 313 of the Labour Code; (2) concerning the judicial proceedings instituted against Mr. Huezo, on 20 March 1998 the Second Criminal Judge of San Salvador la Nouvelle accepted a motion of dismissal in favour of Juan José Huezo for the offences of false testimony, sequestration, extortion, threats, illegal detention, defamation and action in damages against Mr. Roberto Orellana Molina, and for defamation and action in damages against José Héctor Bonilla and Romeo Alfonso Calderón Rodríguez respectively, and ordered that Mr. Huezo could remain at liberty. As a result, there are no outstanding charges against Mr. Huezo; (3) according to the representative of the Sanobang Wool Apparel El Salvador S.A. of CV, with respect to the events of 15 May 1995 against the trade unionists, which are attributed to the security personnel of the enterprise, the executive and administrative personnel of the enterprise did not enter until after the events; therefore, no one is in a position to adduce evidence of what actually happened before then. Similarly, the business records contain no details of the relevant facts. The security staff had been provided to the enterprise by the Sontay S.A. of CV company, which since October 1997 has ceased to provide such services; (4) with respect to the threats made against trade unionists in two enterprises in the free trade zones, the Government refers to the case of Mr. Huezo (examined separately) and of Ms. Vilma Sarahí Molina, first secretary of disputes of the Union of Workers in the Cotton Textile Industry, Synthetics, Manufactured Products and Related Branches. In relation to Ms. Sarahí Molina, the Government adds that the Jatex S.A. of CV enterprise stated that it was impossible to conduct an inquiry four or five years after the events. In addition, the Government annexes to its response a communication of the National Federation of Unions of Salvadorian Workers (FENASTRAS), stating as follows: "Concerning threats with firearms against Ms. Sarahí Molina by members of the Salvadorian national civil police, we have learned from non-official sources that the Deputy Commissioner, Darwin Ernesto Arevalo Magaña, and the Deputy Inspector, Jorge González, have been dismissed from their functions on the ground of abuse of authority in this matter."
4. 59. The Committee notes the observations forwarded by the Government on all the allegations. It requests the Government to confirm the information provided by FENASTRAS in relation to the threats against trade unionist Ms. Sarahí Molina, in particular concerning the measures taken against the members of the national civil police responsible for the threats.