Rapport intérimaire - Rapport No. 218, Novembre 1982

631. The complaints are contained in communications from the International Confederation of Free Trade Unions (ICFTU), the World Federation of Trade Unions (WFTU), the National Workers Convention of Uruguay (CNT) and the Permanent Congress of Trade Union Unity of Latin American Workers (CPUSTAL), dated 15 December 1981 and 19, 22 and 28 January 1982 respectively. The WFTU, the CNT and the ICFTU sent supplementary information in communications dated 4 February, 24 April and 5 August 1982 respectively. The Government furnished its reply in communications dated 18 May, 12 October and 9 November 1982.

1. 631. The complaints are contained in communications from the International Confederation of Free Trade Unions (ICFTU), the World Federation of Trade Unions (WFTU), the National Workers Convention of Uruguay (CNT) and the Permanent Congress of Trade Union Unity of Latin American Workers (CPUSTAL), dated 15 December 1981 and 19, 22 and 28 January 1982 respectively. The WFTU, the CNT and the ICFTU sent supplementary information in communications dated 4 February, 24 April and 5 August 1982 respectively. The Government furnished its reply in communications dated 18 May, 12 October and 9 November 1982.
2. 632. Uruguay has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (NO. 98).

A. Allegations of the complainants

1. 633. The complainants allege that the Association of Bank Employees of Uruguay (AEBU), a trade union set up in accordance with the provisions of the Act respecting occupational associations and the decree regulating the application thereof was obliged to obtain permission from the Police Headquarters in Montevideo to organise its first assembly. The complainants add that, on 19 December 1981, some participants of this assembly were apprehended by the police and subjected to interrogation, and that tape recordings were made of the proceedings and taken away by officials of the Ministry of the Interior.
2. 634. The complainants also allege the arbitrary arrest by the police of José d'Elia (President of the CNT), Carlos Gómez (ex-President of the AEBU and ex-Vice-President of the CNT), Bernardo Groisman (ex-leader of the Needleworkers Union), who have since been released, and the arrest of the trade unionists Luis Viera, Roberto Meirelles, Nicolás Lladó, Rubén Onelli Arias, Alberto Ortiz and Rubén Pereira.
3. 635. The complainants further allege the arrest of Ramón Freire Pizzano (member of the National Board of the CNT), Elbio Quinteros (leader of the Municipal Workers and Employees Union of Montevideo), Helvecio Bonelli (leader of the Uruguayan Press Association and member of the National Board of the CNT), Alberto Urruty (local Committee delegate of the Omnibus Workers Organisation), Nelson Cuello (trade unionist working at the oil refinery of the State undertaking ANCAP), Gene Mateos Calvete (worker at the ANCAP oil refinery), Daniel Uriarte (member of the local trade union management board of ANCAP), Armando Coronel (member of the local Committee of public health), Alberto Casas Rodriguez (bank employee and trade union delegate at his workplace) and Umberto Bonelli (bank employee). According to the complainants, a statement from the Police Headquarters of Montevideo dated 27 January 1982 maintained that this group was a trade union splinter of the Communist Party and accused the group of seeking to organise legal trade unions by drawing membership from workers who were not known to be communists which would enable the establishment of a legal movement secretly directed by the Communist Party and the revival of the CNT which had been declared illegal. The statement in question indicates that the ten persons were brought before a military court which tried them for offences committed under section 60 of the Military Penal Code ("Subversive Associations"), section 60(L)(6) in conjunction with section 60 (XII) of the Constitution ("Conspiracy against the Constitution followed by preparatory acts") and section 60 (IV) of the Military Penal Code ""Assistance to illegal associations"). The complainants go on to allege that the political and ideological repression of all opponents of the Government extends to the trade union movement and in this way the police can accuse a group of workers of belonging to any "antinational", "subversive" ideology if they commit the so-called "crime" of trying to organise legal trade unions and it may bring them before a military court.
4. 636. Furthermore, the CNT encloses a list of trade union leaders and trade unionists who are currently in prison (see Annex), and the WFTU points out that since the promulgation of the decree regulating the Act respecting occupational associations, approximately 200 trade unionists have disappeared, including the dockworker trade unionist Pedro Ortiz subsequent to his arrest.
5. 637. Finally, the complainants point out that some trade union leaders and trade unionists who are serving prison sentences in the "Libertad" penitentiary are seriously ill and refer in particular to Hugo Rodríguez, José Pedro Márquez and Alberto Altesor. The family of the last-mentioned prisoner has requested his transfer to Argentina to undergo a medical operation.
6. 638. In a further communication dated 5 August 1982, the ICFTU states that Mr. Altesor was allowed to undergo a heart operation, attended by his own doctor, in July 1982. The operation was successful and his health is now improving. The ICFTU requests that he be released from detention on humanitarian grounds.

B. Reply of the Government

1. 639. In its communication dated 18 May 1982, the Government states that the fact that it is sending information on the various complaints does not imply its recognition of the legal capacity of those who claim to be spokesmen of the "National Workers Convention of Uruguay", an association which was declared illegal by the Government on 30 June 1973 because of its activities unrelated to trade unionism and its support of the terrorist movement.
2. 640. The Government states that the convening of the first assembly of the AEBU was expressly authorised by the Police Headquarters of Montevideo, that approximately 500 persons participated in the assembly and that no arrests were made or interrogations carried out.
3. 641. As regards the allegations concerning arrested trade unionists, the Government supplies the following information on the persons concerned:
   • - d'Elia, José Artigas: Although his arrest was ordered by requisition No. 40 dated 4 July 1973 of the Defence Information Service for having conspired against the Government and the institutions of the country, his arrest has not yet been registered and therefore the accounts made to the contrary are totally false.
   • - Gómez Perrotti, Carlos Adolfo: Arrested and interned under the emergency security measures (Constitution, section 168, para. 17) on 27 October 1976; released on 8 January 1977. On 22 November 1981 he was taken to the Directorate of Information and intelligence and released after questioning.
   • - Groisman Feiges, Bernardo: Since 1956 has committed numerous offences, for which he was arrested for short periods in may and November 1974. He was again arrested on 14 November 1981 and released on 12 December 1981 under a decree issued by the examining Military Judge of the Third Circuit, although a summons to reappear was maintained until 1 January 1982 when the case was closed.
   • - Viera Cruz, Luis Alberto: Arrested on 12 January 1982. He was tried by the Military Court of the Third Circuit on the charge of having violated section 60(1), para. 6, section 60 (XII) and section 60(V) of the Military Penal Code (CPM).
   • - Meirelles Sosa, Roberto Aránzazu: Arrested on 12 January 1982. Tried by the Military Judge of the Third Circuit on the charge of having violated sections 60(V), 60(1), para. 6, and 60 (XII) of the Military Penal code.
   • - Lladó, Nicolás: No record appears of his arrest.
   • - Onelli Arias, Rubén: No record appears of his arrest.
   • - Ortiz Feijó, Alberto: Arrested in January 1982, accused of being second in command of the trade union splinter group of the illegal Communist Party. Tried by a military court in January 1982 on the charge of having violated section 60(I), para. 6, and section 60(V) of the Military Penal Code.
   • - Pereira Hernández, Rubén: Leonardo: Arrested on 12 January 1982. Tried by the Military Court of the Third Circuit on the charge of having committed the offence contained in section 60 (VI) of the Military Penal Code.
   • - Casas Rodriguez, Alberto: Arrested on 13 November 1981 on the charge of having dismantled a clandestine propaganda centre of the illegal Communist Party. Tried by the Military Court of the Third Circuit on the charge of having committed the offences covered by section 60(V) of the military Penal Code ("Subversive Associations") and section 60 (XII) of the Military Penal Code ("Conspiracy against the constitution followed by preparatory acts").
   • - Uriarte Pintos, Daniel: Arrested on 6 February 1981 for reasons similar to the above case, tried on the same charge. - Mateos Calvete, Gene: Arrested on 1 December 1981 for activities similar to those of the above two cases, tried on the same charge.
   • - Cuello Camejo, Nelson: Arrested on 13 November 1981 as a result of proceedings taken against the illegal Communist Party; on the basis of statements made by other persons, information was obtained on the principal contributors to the "central financing machinery of the Communist Party", and who included Cuello Camejo. Tried on the same charges as in the previous cases.
   • - Freire Pizzano, Ramón: Arrested on 13 November 1981. Since 1949 this person has committed numerous offences, including activities carried out on behalf of the dissolved CNT, an organisation which he used to commit acts of conspiracy against the Government. Along with the above-mentioned persons, he participated in the activities undertaken at the printing centre of the illegal Communist Party. Tried by the Military Judge of the Third Circuit on charges similar to those contained in the previous cases.
   • - Coronel Baez, Armando: Arrested on 12 November 1981. Tried by the Military Court of the Third Circuit on the charge of having violated section 60(1), para. 6, section 60 (XII) and section 60(V) of the Military Penal Code. Activity: Militant of the illegal Communist Party.
   • - Bonelli Arias, Belvecio Humberto: Since 1963 has committed numerous offences. Arrested on 14 November 1981 whilst dismantling a printing centre of the illegal Communist Party; a warrant was issued for the search of his residence and the machinery and equipment used to print party propaganda was seized. The accused admitted his membership in the clandestine fragment of the illegal Communist Party and in January 1982 was tried by the Military Judge of the Third Circuit on the charge of having committed the offences contained in section 60(V) of the Military Penal Code ""Subversive Associations") and section 60 (XII) of the Military Penal Code ("Conspiracy against the Constitution followed by preparatory acts").
   • - Urruty Pizarro, Alberto: Arrested on 19 November 1981. Tried by the Military Court of the Third Circuit on the charge of having violated section 60 (VI) of the Military Penal Code.
   • - Quinteros Bethancourt, Elbio Timeteo: Barrister by profession, since 1960 has committed numerous offences. As a result of operations carried out to suppress the clandestine activity of the illegal Communist Party, and on the basis of statements made by other persons, it emerged that the accused was one of the principal contributors to the "central financing machinery of the Communist Party". Tried by the Military Tribunal of the Third Circuit in January 1982 on the charge of having committed offences covered by section 60 of the Military Penal Code ("Subversive Associations" and "Conspiracy against the Constitution followed by preparatory acts").
4. 642. With regard to the allegation concerning the disappearance of approximately 200 trade unionists, the Government states that although it has always made every effort to reply to the complaints which have been presented, this is impossible in the present allegation since no names or concrete information have been provided. The Government adds that the name of Pedro Ortiz Larrechen - who according to the complainants disappeared after his arrest - does not appear in the register of arrested persons. The Government states that the medical attention for persons prosecuted in the military courts who require specialist attention is provided by the Central Hospital of the Armed Forces, a model hospital centre offering the services of the best specialists and full medical care, which is identical for both prisoners and military personnel and their families. The Government confirms the weak health of Hugo Rodriguez, José Pedro Márquez and Alberto Altesor and states that they are receiving proper medical attention with reference in particular to the last-mentioned person, the Government points out that this prisoner was examined in November 1981 at the request of his family by the Argentinian doctor, Rene Favaloro, who in consultation with a medical team from the Central Hospital recorded a series of abnormalities which were believed to be operable. They recommended cardio-coronary examinations which were carried out on 5 January 1982 with the following results: the aorta valve has biological prosthesis and severe paraprosthetic insufficiencies; an 80 per cent lesion of the first third of the coronary artery descending from behind with calibre open to two-thirds; and an insufficiency of the left ventricle with serious venocapillary and pulmonary hypertension. Since the prisoner in question, indicated in a note that he had decided not to be operated on before consulting the members of his family and his attending physician, the request for transfer was approved. Recently, with the consent of his treating physician and family, Mr. Altesor underwent a second operation from which he is presently recuperating. Lastly, the Government states that the permission to release Mr. Altesor ahead of time rests with the military courts.
5. 643. Finally, in its communication of 9 November 1982, the Government sends information on the majority of the persons mentioned in the list of detained persons sent by the CNT (see Annex). The Government states in particular that not all the persons referred to by the CNT are detained and that those who are detained have been tried in conformity with the law for illegal acts and not because of their trade union activities or their links with occupational organisations. The Government also gives the offences with which they were charged and sentenced.

C. Conclusions of the Committee

1. 644. The Committee notes that the complainants in the present case have made allegations concerning the arrest, prosecution or disappearance of trade union leaders and trade unionists, the state of health of other persons serving prison sentences and events which allegedly took place during the first assembly of the Association of Bank Employees of Uruguay.
2. 645. With regard to this last-mentioned point, the Committee notes that, according to the Government, no arrests or interrogations were made at this assembly. The Committee observes, however, that the complainants allege that the AEBU had to request authorisation from the Police Headquarters in Montevideo to hold the assembly and that the Government appears to confirm this in its statements. The Committee also notes that, according to the complainants, officials of the Ministry of the Interior took away a tape recording of the proceedings of the assembly and that the Government has not replied to this point. In this respect the Committee would draw the attention of the Government to the fact that, under Article 3.2 of Convention No. 87, the public authorities shall refrain from any interference which would restrict or impede the lawful exercise of the right of workers organisations to organise their administration and activities. The Committee would point out in particular that the right of trade union organisations to meet freely in their own premises without the need for any prior authorisation and without any form of control by the authorities constitutes a fundamental element of freedom of association.,
3. 646. As regards the allegation concerning the arrest of trade union leaders and trade unionists, the Committee notes that, according to the Government, José d'Elía has not been arrested and that no record appears of the arrest of Nicolás Lladó and Rubén Onelli. The Committee also notes that Carlos Gómez and Bernardo Groisman have now been released. In this connection, since it is not in possession of sufficient information to determine the circumstances in which the arrest of these two persons took place, the Committee would recall that the preventive detention of trade union leaders and trade unionists and measures of preventive detention in general constitute a serious danger to trade union freedom and may involve a serious interference in trade union activities.
4. 647. The Committee observes furthermore that some trade union leaders continue to be held in detention and have been tried for offences concerning "Subversive Associations", "Conspiracy against the Constitution followed by preparatory acts" and "Aid to the Associations". The persons in question are Luis Viera, Roberto Meirelles, Alberto Ortiz Feijó, Rubén Pereira, Alberto Casas Rodriguez, Daniel Uriarte Pintos, Gene Mateos Calvete, Nelson Cuello Camejo, Ramón Freire Pizzano, Armando Coronel Baez, Humberto Bonelli, Helvecio Bonelli Arias, Alberto Urruty Pizarro and Elbio Quinteros Bethancourt.
5. 648. With regard to the first four persons, the Committee notes that the complainants simply allege their arrest without providing any further information on the circumstances in which the arrests occurred and, in particular, without demonstrating the alleged relationship between the trade union status or activities of these persons and their arrest. In these circumstances, and in the absence of more detailed information from the complainants, the Committee can only take note of the offences which the persons allegedly committed and recall the general importance of the principle mentioned above.
6. 649. With regard to the other ten trade union leaders and trade unionists arrested and brought before the military courts, the Committee notes that the Government has not referred to the alleged exercise of trade union activities by these persons and that it would appear from the statements made that at least the majority of these persons were arrested in connection with the dismantling of a propaganda centre of the illegal Communist Party. The Committee notes, however, that, according to the statement issued by the Police Headquarters in Montevideo to which the complainants make reference, the persons in question were arrested and tried because the group was a trade union splinter of the Communist Party which sought to organise legal trade unions in order to establish a legal movement which would be secretly directed by the Communist Party with a view to the possible reorganisation of the CNT which had been declared illegal. In this connection, the Committee must recall that when previous allegations have been submitted concerning measures of a political nature - such as the prohibition of the Communist Party - which may indirectly involve interference with the exercise of trade union rights, it has drawn attention to the right of workers without distinction whatsoever to set up and join trade unions of their own choosing. The public authorities should refrain from any interference which would restrict this right or impede the lawful exercise thereof. In these circumstances, the Committee requests the Government to take measures towards the release of the trade union leaders and trade unionists in question and to inform it of any action taken in this respect.
7. 650. The Committee notes the information sent by the Government on the CNT list of detained trade union leaders and trade unionists, and in particular that the detained persons have been tried for illegal activities and not because of their trade union activities or links with occupational organisations. The Committee notes with interest that 13 have been released and that 17 do not appear on any records as having been detained. Nevertheless, the Committee observes that the Government does not send any information on 12 persons and that the rest - concerning whom the Government gives the offences with which they were charged - are being tried or have been sentenced. As these persons are all trade union leaders or trade unionists, the Committee requests the Government to indicate the facts which gave rise to the trial or sentencing so that it can decide on this aspect of the case in full knowledge of the facts.
8. 651. With regard to the alleged disappearance of 200 trade unionists, the Committee observes that the complainants have indicated only the name of Pedro Ortiz. In this respect the Committee takes note of the statement of the Government that the name of Pedro Ortiz does not appear on the register of arrested persons and that it is impossible to reply to an allegation concerning disappearances when no names or concrete information are provided. The Committee requests the Government to make inquiries with a view to ascertaining the whereabouts of the dockworker trade unionist, Pedro Ortiz, and to inform the Committee accordingly.
9. 652. As concerns the trade union leaders and trade unionists Hugo Rodriguez, José Pedro Márquez and Alberto Altesor, who are serving prison 'sentences in the "Libertad" penitentiary and who are seriously ill, the Committee takes note of the assurances given by the Government concerning the medical attention which they are receiving. The Committee observes in particular that the services of the best specialists are available at the military hospital where they are being treated, that medical attention is identical for prisoners and for military personnel and their families and that Alberto Altesor has now undergone a heart operation, attended by his own doctor, and that his health is now improving. The Committee also notes that permission for the anticipated release of Mr. Altesor rests with the military courts,
10. 653. Finally, the Committee must make the general observation that many trade unionists continue to be imprisoned. The Committee is convinced that any initiative undertaken by the Government with a view to applying measures of clemency, in particular as regards trade unionists who have been sentenced to prison terms and who are in poor health, will make a positive contribution to the establishment of a climate of confidence which is indispensable for the normalisation of trade union activity in the country and the effective exercise of trade union rights. The Committee requests the Government to keep it informed of any measures taken in this connection and, in particular, of the result of the application before the military courts for the anticipated release of Mr. Alberto Altesor.

ANNEX

1. CNT LIST OF TRADE UNION OFFICIALS AND TRADE UNIONISTS CURRENTLY DETAINED AND INFORMATION SENT BY THE GOVERNMENT
2. A = Released
3. B = Detained
4. C = On trial
5. D = Sentenced
6. E = The Government gives no information
7. F = There is no record of ever having been detained
8. F Acuña, Hugo Union member (transport workers).
9. D Alvarez, Jorge Union member (banks).
10. D Alvariño, Benito Union member (banks).
11. A. Barrios, Néstor Union member (FUECI commerce).
12. F Baubet, Juan UTE official (state electrical installations).
13. D Bello, Rubén Official portworkers
14. D Bessio, José L. Official of ANCAP (petroleum and cement).
15. F Bosco, Alfredo Union member (banks).
16. D Brugnole, Diego Union official (banks).
17. D Bugarin, Jaime Union member (banks).
18. C Calleros, David UTE official (state electricity installations).
19. A Calloso, Jacinto Official of SUNCA (construction).
20. E Carbajales, Miguel APU union member (journalists).
21. F Casimiri, Miguel TV union member (teachers).
22. F Castelli, Carlos UNTMRA official (metallurgy workers).
23. A Coghlan, Carlos FUECI unionist (commerce).
24. F Cornelia, Carlos FUECI unionist (commerce).
25. B Corral, Neves Trade unionist (banks).
26. F Chakrian, Miguel Trade unionist (banks).
27. F Díaz, Humberto SUNCA official (construction).
28. D Durante, Julio Trade unionist (graphics)
29. A Echeveste, Ernesto Textile union leader.
30. C Eguren, Jesús Textile union leader. Detained in December 1961.
31. F Escobal, Tomás URDE unionist (Salto sugarcane workers)
32. A Fernández, Oscar FUECI official (commerce).
33. E Fernández, Ariel Textile union leader.
34. F Franzutti, Oscar Trade unionist (banks).
35. A Garbarino, Alejandro
36. E García, Miguel
37. E García, Sergio
38. D Glisenti, José
39. A Guarnieri, Orestes official of portworkers.
40. D Guerrero, Carlos UNTMRA official (metallurgy workers).
41. D Guzmán, Miguel SUNCA official (construction).
42. F Hernández, Jorge Trade unionist (graphics).
43. F Huerta, Valerio Trade unionist (banks).
44. D Ibarra, Yolanda FUM unionist (teachers).
45. D Iguini, Luis Secretary-General of COPE (public servants) and of CNT.
46. D Larraya, Raúl Trade unionist (banks).
47. D Lasena, Wilman ANCAP official (petroleum and cement).
48. D Laurenzo, Francisco APU trade unionist (journalists)
49. D León, Waldemar de SUNCA official (construction).
50. D Lev, León Trade unionist (banks).
51. D Longo, Miguel Trade union official (banks).
52. A López, Hugo Textile union leader.
53. C López, Jaime Textile union leader. Detained in January 1982.
54. D López, Raúl Trade unionist (banks).
55. D Maiorana, Francisco Official of the Railways Federation.
56. A Mantero, Juan J. Trade unionist (banks).
57. D Martiello, Guillermo Trade unionist (transport sector).
58. C Martínez, Maria Official of the leather workers. Detained in December 1981.
59. C Mechoso, Carlos Trade unionist (graphics).
60. C Meirelles, Roberto SAG official (graphics). Detained in December 1981.
61. F Meneses, Danilo UTE official (state electricity installations).
62. B Morales, Milton Transport workers official. Detained in December 1981.
63. D Moreira, Leandro Trade unionist (banks).
64. F Musela, Mary
65. E Nario, Graciela
66. E Núñez, Alcides URDE unionist (Salto sugarcane workers)
67. D Ortiz, Rogelio UNTMRA official (metallurgy workers).
68. F Otermin, Jorge Trade unionist (railways).
69. E Oxley, Carlos UTE official (state electricity installations).
70. F Peña, Héctor Trade unionist (transport sector).
71. F Pereira, Gloria Trade unionist (banks).
72. D Pereira, Ulises ANCAP official (petroleum and cement).
73. D Quintana, Norberto Official of the National Federation of Telecommunications and COFE (public servants).
74. E Reherman, Celiar SUNCA official (construction).
75. D Reyes, Ramón R. ANCAP official (petroleum and cement).
76. D Rivero, Tomás Trade unionist (transport sector).
77. D Rodriguez Belleti, Washington Official of the sugarcane workers.
78. E Rodriguez, Enrique APU trade unionist (journalists)
79. A Rodriguez, Miguel Textile union official.
80. A Rodriguez, Omar FUECI trade unionist (commerce).
81. A Roggero, Norma Trade unionist (banks).
82. D Rossi, Hugo Portworkers official.
83. B/C Rovira, Odilio Trade unionist (banks).
84. A Sarauza, Enrique UTE official (state electricity installations).
85. B/C Silva, Dimar Conoprole official (dairy industry). Detained in January 1982.
86. E Techera, Alcibiades Transport sector trade union leader, Detained in January 1982.
87. D Torres, Edgardo Textile workers official.
88. E Tutzo, Carlos Leather trade unionist.
89. E Vera, Felipe Trade unionist (banks).