Effect given to the recommendations of the committee and the Governing Body - REPORT_NO342, June 2006

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

1. 93. At its March 2005 session, the Committee requested the Government to keep it informed of the outcome of the legal proceedings with regard to the officials Mr. Rodolfo Jiménez Morales and his wife, Ms. Kenya Mejía Murillo, and their disassociation from the National Insurance Institute (INS); the Committee requested the Government to inform it of the outcome of the proceedings for defamation against Mr. Rodolfo Jiménez Morales and expressed the hope that the procedures in question would be concluded soon [see 336th Report, para. 44].
2. 94. In its communication of 5 October 2005, the complainant organization (the National Association of Public and Private Employees – ANEP) sent a copy of the judgements of 21 May and 22 October 2004 of the Third Chamber of the Supreme Court of Justice, which endorsed the judgement of first instance dismissing the action for defamation instituted by the former executive director of the INS against the union official Mr. Rodolfo Jiménez Morales as the deadline for initiating criminal proceedings had expired. The ANEP adds that, since the disassociation of the officials Mr. Rodolfo Jiménez Morales and his wife, Ms. Kenya Mejía Murillo, the INS continues to prevent them from working as insurance brokers; the ANEP expresses its concern as it could take up to ten years for a final judgement to be handed down concerning the disassociation of the two people in question. The ANEP also provides new information and indicates that the complaint by the former director of the INS was not filed in a personal capacity, as maintained by the Government.
3. 95. In its communications of 19 May, 3 August, 5 October and 11 November 2005 and 23 January and 24 February 2006, the Government states that the current executive director of the INS sent a report dated 29 June 2005 in which he indicates that it has been stated repeatedly that the former executive director of the INS instituted proceedings against Mr. Rodolfo Jiménez Morales in his personal capacity and not in his capacity as a public official. Thus, the matter is a private one concerning the complainant and the defendant and, as such, it would be necessary to request information from the complainant concerning the outcome of the proceedings. In other words, the INS is not a party to these judicial proceedings which restricts its access to the case files. Furthermore, with regard to the proceedings under labour law initiated by Mr. Rodolfo Jiménez Morales against the INS, the ordinary proceedings are at the first instance stage, the demonstration phase, during which the various means of proof furnished by both parties and/or requested by the judge are admitted. Given that in cases involving labour issues, evidence can be furnished until such a time as the court is ready to pass judgement, and that the other party is informed of this evidence and can refer to it, the proceedings have taken a very long time. The complainant’s most recent judicial proceeding was the submission of a request for reinstatement, on which the court still has to take a decision. Once a decision has been handed down concerning the request for reinstatement and the judge considers that all the evidence has been examined, the judgement of first instance will be pronounced. The Government states that the proceedings concerning the reinstatement of Ms. Kenya Mejía Murillo are still pending.
4. 96. The Committee notes the judgements provided by the complainant organization which dismiss the action for defamation instituted against union official Mr. Rodolfo Jiménez Morales. The Committee notes the information provided by the Government on developments concerning the labour law proceedings initiated by the official in question and his wife, Ms. Kenya Mejía Murillo, whereby they have requested their reinstatement. The Committee notes the complainant organization’s concern that the proceedings may last for years. The Committee hopes that the proceedings will soon be concluded and requests the Government to send its observations on the communication from the complainant organization dated 5 October 2005.