Effect given to the recommendations of the committee and the Governing Body - REPORT_NO340, March 2006

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

1. 75. At its March 2005 meeting, the Committee requested the Government to transmit the decision handed down relating to the dismissal of trade union official Mario Alberto Zamora Cruz [see 336th Report, para. 30], having noted the Government’s statement that an appeal had been filed with the labour tribunal against the decision of the Civil Service Tribunal, dated 26 August 2003, that the dismissal of Mario Alberto Zamora Cruz was justified and did not give rise to any liability on the part of the State.
2. 76. In its communications of 19 May, 3 August, 12 September and 11 November 2005, the Government states that it requested the Minister of Justice to provide the information requested by the Committee and to transmit it as soon as possible. The Government states that on 21 June 2005, the Minister of Justice stated that the case of trade union official Mario Alberto Zamora Cruz was still pending, awaiting a decision concerning the appeal to the labour tribunal, given that the appeal regarding constitutionality was lodged by the Office of the Attorney-General of the Republic and questioned the actions of the judicial tribunals as a higher court, leading, among other things, to the suspension of all appeal processes by the labour tribunal until the Constitutional Chamber could issue a statement in this respect. The abovementioned appeal regarding constitutionality was recently resolved, but the full text of the ruling is still not available.
3. 77. The Committee notes this information and requests the Government to transmit the ruling handed down by the labour tribunal. The Committee hopes that the process in question will be concluded rapidly.