Rapport intérimaire - Rapport No. 234, Juin 1984

1. 555. The Committee examined this case at its meetings in November 1983 and February 1984 and, on both occasions, submitted an interim report to the Governing Body. [See 230th Report, paras. 619-659, and 233rd Report, paras. 520-549, approved by the Governing Body at its 224th and 225th Sessions in November 1983 and February-March 1984, respectively.] Subsequently, the International Confederation of Free Trade Unions (ICFTU) presented further allegations in communications dated 29 February and 15 March 1984 (the latter signed also by the International Metalworkers' Federation (IMF)). The Government sent its observations in communications dated 9 March and 9 May 1984.
2. 556. Chile has ratified neither the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) nor the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 557. When the Committee examined this case at its February 1984 meeting it made the following recommendations concerning the allegations still pending [see 233rd Report, para. 549]:
2. The Committee requests the Government to indicate whether the search of the premises of the National Trade Union Coordinating Body conducted by the police (which, according to the Government, was in accordance with the law) was based on a warrant and to send information regarding the nature, background and objectives of the 12 July "demonstration" to which part of the seized propaganda is said to refer.
3. The Committee urges that an investigation be carried out? into the alleged torture of Maria Rozas, Sergio Troncoso (both trade union leaders) and José Anselmo Navarrete (trade unionist) so as elucidate the facts in full and to identify the persons responsible. The Committee requests the Government to keep it informed of the outcome of the investigation.
4. The Committee hopes that the Government will engage in negotiations with CODELCO-Chile with a view to the reinstatement of the union leaders of the copper sector who have been dismissed and the abandonment of legal proceedings for the disqualification of union leaders from holding office. The Committee requests the Government to keep it informed of any developments in this respect and of the findings of the special committees that CODELCO-Chile has agreed to set up to consider the reinstatement of the workers dismissed.
5. B. New allegations
6. 558. In its communication dated 29 February 1984, the ICFTU alleges that José Ruiz di Giorgio, President of the Magallanes Petroleum Union and Federation, was arrested after a demonstration organised by all democratic Chilean organisations. According to the ICFTU, the union leader is wounded and is still being held in Punta Arenas Prison. In their communication dated 15 March 1984, the ICFTU and IMF further allege that, by decision of the Labour Directorate, Rodolfo Seguel has been disqualified from acting as President of the Confederation of Copper Workers (CTC).
7. C. The Government's reply
8. 559. With respect to the Committee's request that an investigation be carried out into the alleged torture of Maria Rozas, Sergio Troncoso and José Anselmo Navarrete, the Government states that it is not its responsibility to initiate an investigation to determine the truth of allegations of torture. The Government considers that the alleged victims must lodge an appropriate complaint or initiate criminal proceedings with the ordinary courts of justice. In Chile the Judiciary has sufficient independence, autonomy and authority to guarantee an independent, serious and efficient investigation. The Government notes the Committee's request that it be kept informed of the outcome of the investigation and therefore requests the Committee to indicate the number of the case and the name of the court with which the victims have lodged a complaint or initiated criminal proceedings. Without at least this information, it is virtually impossible to obtain information on the outcome of any judicial proceedings.
9. 560. With regard to the request for information in the matter of the petition to have union leaders disqualified from holding office and of the appeal against the dismissal of union leaders carried out by CODELCO-Chile in its Chuquicamata, El Salvador and El Teniente Divisions, it is apparent from the Government's statements that no decision has yet been taken either in the proceedings concerning the disqualification from holding office of union leaders in the aforementioned Divisions or in those concerning the cancellation of the dismissal of union leaders in the El Salvador and El Teniente Divisions. As to the petition to have Rodolfo Seguel and other leaders of the El Teniente Division disqualified from holding union office, the Government states that it was lodged with the Fourth Court of Rancagua, which on 4 April rejected CODELCO-Chile's petition on the grounds that such disqualification can be ordered only by the General Directorate of Labour and that the company must refer the matter to the Directorate which will take such action as it deems appropriate.
10. An appeal was lodged against the decision of the Court of First Instance with the Court of Appeals of Rancagua, where it is still under consideration.
11. 561. The Government further states that, following the deliberations of the special committee set up to consider the reinstatement of the CODELCO-Chile workers dismissed in the Andina Division, the remaining 59 workers who had been dismissed were reinstated. As to the other dismissed workers, CODELCO-Chile wound up their contracts of employment and agreed to pay them compensation for years of service even though strictly speaking it was not legally required to do so. These persons no longer have any connection with the undertaking.
12. 562. Concerning the Committee's recommendation that the Government indicate whether the search of the premises occupied by a de facto body which styles itself the National Trade Union Coordinating Body was based on a warrant, the Government states that, in accordance with section 26 of State Security Act No. 12927, the legal proceedings provided for under the Act are instituted by request or petition of the Ministry of the Interior or relevant administrative authority. On receipt of the complaint, the President of the Court of Appeals communicates it immediately to the competent magistrate for the purposes of an initial hearing. Section 30 of Act No. 12927 states that in any case brought under this Act the examining magistrate must, as a first step and without prejudice to the provisions of section 7 of the Code of Penal Procedure instruct that all printed matter, books, leaflets, records, films, tapes and any other object that appears to have been used in committing the offence be seized and placed at the disposal of the court. Section 7 of the Code of Penal Procedure provides that the initial steps to be taken include protecting the victims, impounding any evidence that might disappear, holding in legal custody whatever might serve as proof of an offence and for the identification of the guilty parties and arresting the presumed offenders. For this purpose the judge must interrogate the witnesses and the accused and conduct such confrontations and searches as may be necessary.
13. 563. As to the search referred to by the Committee, the Government states that the examining magistrate of the Court of Appeals of Santiago acted in accordance with the law. The contents of the propaganda seized in connection with the so-called "12 July 1983 demonstration" consisted of leaflets with instructions for 12 July, such as not to buy anything, not to send children to school, to bang on pots and pans from 8 to 10 p.m. Other leaflets carried the slogan "Down with Pinochet - National Protest", while others referred to earlier "demonstrations" in May and June 1983 that were similar in character and objective.
14. 564. Finally, with respect to the arrest of José Ruiz di Giorgio, the Government states that his arrest was ordered by a magistrate of the Court of Appeals of Punta Arenas for engaging in acts designed to undermine law and order and not for trade union activities. He is to be tried by the ordinary courts of justice which are investigating his participation in an offence under the 1958 Act respecting the internal security of the State. According to the Government, Mr. di Giorgio has full rights to be defended by his lawyers, who have lodged a petition for amparo (habeas corpus) with a higher court. The Committee will be informed of the outcome of the proceedings in due course. The Government states that the accusation that Mr. di Giorgio is wounded is absolutely groundless, as evidenced by the fact that he has been brought before the examining magistrate to make a statement.

C. The Committee's conclusions

1. 565. With regard to the alleged torture of María Rozas, Segio Troncoso (both union leaders) and José Anselmo Navarrete (trade unionist), the Committee notes the Government's statement that it is not responsible for initiating an investigation to determine the truth of the allegations and that it is the alleged victims who must lodge a complaint or initiate criminal proceedings with the courts. The Committee wishes to point out that, although the use of normal legal channels for lodging appeals and the eventual judgment are certainly factors to be taken into consideration, it has always considered its responsibilities to be such that its competence to examine allegations is not subject to the exhaustion of national appeals procedures. The Committee therefore urges the Government to carry out an investigation into the allegations of torture and requests the Government to keep it informed of its findings.
2. 566. The Committee also notes the information supplied by the Government regarding the petition to have union leaders disqualified from holding office and the appeal against the dismissal of union leaders and concerning developments in the matter of the dismissal of workers employed by CODELCO-Chile. The Committee notes in particular that the legal proceedings have not yet been concluded. The Committee requests the Government to keep it informed of the developments in these proceedings.
3. 567. With regard to the alleged search of the premises of the National Trade Union Coordinating Body, the Committee observes that, according to the Government, the search was conducted with a warrant in accordance with the State Security Act and the contents of the propaganda seized in connection with the 12 July 1983 "demonstration" consisted of leaflets instructing people not to buy anything, not to send children to school and to bang on pots and pans and bearing such slogans as "Down with Pinochet - National Protest", etc.
4. 568. Since the search was conducted with a warrant, since according to the information in the possession of the Committee, the bodies responsible for organising the 12 July 1983 "demonstration" were political in nature and since the contents of the seized propaganda communicated by the Government makes no reference to occupational demands, the Committee considers that this allegation does not call for further examination.
5. 569. As to the arrest of José Ruiz di Giorgio, the Committee notes the Government's statement that he was arrested by decision of a magistrate of the Court of Appeals of Punta Arenas for engaging in acts designed to undermine law and order and not for trade union activities. The Committee requests the Government to specify the actual charges brought against Mr. di Giorgio so that it can examine this allegation in full possession of the facts and to inform it of the verdict in his current trial.