Effect given to the recommendations of the committee and the Governing Body - REPORT_NO349, March 2008

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

1. 94. At its November 2007 meeting, the Committee made the following recommendation [see 343rd Report, para. 647]:
   • Deeply regretting the killing of the trade union leader José Gilberto Soto, the Committee emphasizes that it is essential to bring the guilty parties to justice and requests the Government, as a matter of urgency, to keep it informed of the criminal proceedings currently under way. It expects that the plaintiffs will be granted access to all the elements of the case file, that the investigation will be completed and the deficiencies reported by the ICFTU, if proven true, be rectified, without any attempts to obstruct the work of the Human Rights Ombudsman, and that the proceedings will be concluded in the near future.
2. 95. In its communication of 31 August 2007, the Government indicates that it is sending the text of the judgement handed down by the Usulután Court against Herbert Joel Ramírez Gómez, convicting him of the acts against José Gilberto Soto with which he had been charged and which were deemed by the court to have constituted aggravated homicide, a crime punishable under sections 128 and 129(3) of the Penal Code. The Government indicates that, as the judgement indicates, the killing of José Gilberto Soto was unconnected with any trade union activity, that is, was not motivated by labour-related issues, and for that reason, respectfully requests the Committee to close this case, since the alleged facts do not constitute a violation of trade union rights.
3. 96. The Committee takes note of these statements but emphasizes that it has not received a copy of the court judgement, despite the fact that the Office requested it in September 2007. The Committee accordingly requests the Government to send a copy of the judgement in question.