Effect given to the recommendations of the committee and the Governing Body - REPORT_NO368, June 2013

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

1. 102. In its previous examination of the case in November 2012, the Committee made the following recommendations on the matters still pending [see 365th Report, para. 148]:
   • Lastly, the Committee notes the information sent by the Government on the alleged murder of the trade union official Mr Manuel Yupanqui Ramos and trusts that further investigations will allow the facts to be clarified. The Committee once again draws the Governing Body’s attention to the serious and urgent nature of this aspect of the case and requests the Government to send information on the investigations into the alleged murder of the trade union leader Mr Jorge Huanaco.
2. 103. In its communication of 15 January 2013, the Government states that it already sent detailed information on those murders and on the investigations carried out in relation to the death of those trade union members from gunshot wounds on 12 July 2008, as well as on the investigations carried out in relation to the injuries sustained by five individuals and three police officers following a confrontation with around 300 striking miners who were blocking a road and who attacked 19 police officers who had just been performing their duties in another locality and who were on their way to the city of Trujillo.
3. 104. The Government adds that, despite the time that has elapsed and the investigations carried out, the authorities have not been able to identify the suspected perpetrators of the acts, or the participants therein, committed against Mr Manuel Jesús Yupanqui Ramos and Mr Jorge Luis Huanaco Tutuca, and against the National Police and the enterprise Minera Marsa. This led the Public Prosecution Service to decree that the preliminary investigation should not be formalized or continued. This decision was not challenged by any of the interested parties during the clarification of the facts and none of the interested parties has appealed against it.
4. 105. The Committee takes note of this information from the Government and invites the complainant organization to send its comments. The Committee emphasizes that this case had been classified as serious and urgent and highlights the importance of receiving information requested as soon as possible.