Rapport intérimaire - Rapport No. 297, Mars 1995

1. 451. The Committee examined this case at its June 1994 meeting (see 294th Report, paras. 716-732, approved by the Governing Body at its 260th meeting (June 1994)), at which it reached interim conclusions. The Latin American Central of Workers (CLAT) submitted new allegations in communications dated 26 July and 28 September 1994. The Government sent partial observations in communications dated 6 October and 23 November 1994 and 26 January 1995.
2. 452. Colombia has ratified both the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 453. At its June 1994 meeting, when it dealt with allegations concerning the assassination of three trade union officials, the arrest of union officials and members, the expulsion of workers from the headquarters of the Construction Workers' Trade Union and the carrying out of visits by members of the state security to trade union meetings and headquarters, the Committee made the following recommendations (see 294th Report, para. 730):
2. Recalling that trade union rights can be exercised only where fundamental human rights, and in particular the right to life and the security of the person are fully respected and guaranteed, the Committee requests the Government to take steps to ensure that judicial inquiries are carried out to clarify the facts, determine responsibilities and punish the authors of the assassination of the trade union officials Rodrigo Rojas Acosta, Israel Perea and Reinaldo Miguel Camelo, which the Committee deeply deplores and repudiates. The Committee requests the Government to keep it informed in this regard. It also recalls that the absence of judgements against the guilty parties creates in practice, a situation of impunity, which reinforces the climate of violence and insecurity, which is extremely damaging to the exercise of trade union rights.
3. As regards the arrest of eight trade union officials on 12 February 1994 in Mesitas del Colegio, the Committee requests the Government to state whether proceedings have been initiated against these trade union officials and whether the latter have been released.
4. As regards the other allegations of the arrest of trade union officials (Freddy Pulecio, Nicodemo Luna, Orlando Patiño, Alvaro Solano and Pedro Chaparro), the Committee requests the Government to indicate the facts and offenses allegedly committed by these officials, whether proceedings have been initiated against them and whether the officials have been released.
5. Finally, the Committee requests the Government to send its observations on the allegations to which it has not replied: (1) the expulsion of workers from the headquarters of the Construction Workers' Trade Union (SINDICONS) on 11 February 1994 in Cali; and (2) the carrying out of inspection visits by members of the State security to trade union meetings and headquarters, for example the Congress of the National Federation of Construction and Cement Workers which was held in Bogotá between 9 and 12 February 1994.
6. B. New allegations from the CLAT
7. 454. In its communication of 26 July 1994, the CLAT alleges the assassination of trade union officials Alberto Alvarado (vice-president of the Trade Union of National Printing Workers) on 21 July 1994 and of Trina Soto Castellanos (treasurer of the Trade Union of Market Vendors "SINVEMES" and a member of the Executive Committee of the Santander north section of the General Confederation of Democratic Workers (CGTD)) and Rosario Moreno, on 18 July 1994.
8. 455. In its communication of 28 September 1994, the CLAT alleges that a group of armed persons conducted a search of the headquarters of the Single Federation of Workers of Antioquía (FUTRAN) on 26 September 1994 and that they assassinated Hugo de J. Zapata Restrepo (the organization's solidarity secretary) and seriously wounded Carlos A. Posada García (the organization's human rights secretary). Finally the complainant organization denounces the existence of a number of paramilitary groups operating in the city of Medellín who claimed to have assassinated several union officials and are preventing the normal conduct of trade union activities.
9. C. The Government's reply
10. 456. In its communication of 6 October 1994, the Government provides information about the investigation into the assassinations of Israel Perea and Reinaldo Miguel Camelo. The Government also mentions that information is being compiled on the situation of the eight trade union leaders who have allegedly been arrested (Jorge Luis Ortega García, Domingo Rafael Tovar Arrieta, Flavio Triviño, Luis Fernando Orozco, Césae Martínez, Evelio Quiceno, Héctor Escobas and Germán Ronancio).
11. 457. In its communication of 28 November 1994 the Government states that Nicodemus Luna Mosquera (charged with rebellion), Pedro José Chaparro (accused of being the supreme commander of the guerilla formation known as the Camilista Resistance and Union Front of the NLA and having committed numerous crimes with this organization) and Orlando Patiño (charged with "association of delinquents") are currently being tried.
12. 458. In its communication of 26 January 1995, the Government stated that Alvaro Solano Carillo (who is temporarily free) and Freddy Puleci (who is detained) are being tried, accused by the commission of the crimes of rebellion and homicide. Moreover, the Government indicates that one of the presumed authors of the murders of Trina Soto Castellanos and Rosario Moreno has been detained.

D. The Committee's conclusions

1. 459. The Committee observes that, when it examined this case at its June 1994 meeting, the allegations that were still outstanding related to the assassination and arrest of trade union officials, the expulsion of workers from the headquarters of the Construction Workers' Trade Union and the carrying out of visits by members of the state security to trade union meetings and headquarters. The Committee observes furthermore that the new allegations relate to the assassination of three trade union officials and the serious wounds inflicted on a union official during a violent search of a trade union headquarters, and the existence of paramilitary groups taking action against union members and officials.
2. 460. The Committee notes once again with the deepest concern the seriousness of the allegations presented and regrets that the Government has communicated only partial observations. The Committee draws the Government's attention once again to the fact that the rights of workers' and employers' organizations can be exercised only in a climate that is free from violence, pressure or threats of any kind against these organizations' leaders and members, and that it is for governments to guarantee that this principle is respected (see 291st Report, Case No. 1700 (Nicaragua), para. 310). Moreover, freedom of association can be exercised only in conditions in which fundamental human rights, and in particular those relating to human life and personal safety, are fully respected and guaranteed (see for example the 233rd Report, Case No. 1233 (El Salvador), para. 682, and 238th Report, Case No. 1199 (Peru), para. 267, and Case No. 1262 (Guatemala), para. 280).
3. 461. With regard to the alleged assassination of trade union officials, the Committee observes the Government's statement that investigations are being conducted into the assassination of union officials Israel Perea, Reinaldo Miguel Camelo, Trina Soto Castellanos and Rosario Moreno. Deeply regretting that the Government has not sent its observations on the assassination of union officials Rodrigo Rojas Acosta, Alberto Alvarado, or on the assassination of Hugo Zapata Restrepo and the serious wounds sustained by Carlos Posada during the search of the headquarters of the Single Federation of Workers of Antioquía (FUTRAN), the Committee urges the Government to take steps to ensure that judicial inquiries are immediately carried out to clarify all the alleged acts, determine responsibilities and punish those responsible. The Committee requests the Government to keep it informed of developments and of the outcome of each of the inquiries.
4. 462. With regard to the allegation that was still outstanding concerning the arrest of trade union leaders Freddy Pulecio, Nicodemus Luna, Orlando Patiño, Alvaro Solano and Pedro Chaparro, the Committee notes the Government's statement that the union officials in question are being tried in court on various criminal charges (homicide, rebellion, guerilla activities and "association of delinquents") and that Alvaro Solano is temporarily free. Under these circumstances, the Committee requests the Government to keep it informed of the trials under way and to send it the text of the judgements handed down.
5. 463. Finally, the Committee requests the Government to send complete observations on the following allegations as soon as possible: (1) the arrest of eight union officials (Jorge Luis Ortega García, Domingo Rafael Tovar Arrieta, Flavio Triviño, Luis Fernando Orozco, Césae Martínez, Evelio Quiceno, Héctor Escobas and Germán Ronancio) on 12 February 1994 in Mesitas - the Government states that this information is being compiled; (2) the expulsion of workers from the headquarters of the Construction Workers' Trade Union (SINDICONS) on 11 February 1994 in Cali; (3) the carrying out of visits by members of the state security to trade union meetings and headquarters, for example the Congress of the National Federation of Construction and Cement Workers which was held in Bogotá between 9 and 12 February 1994; and (4) the activities of paramilitary groups in Medellín that are preventing the normal exercise of trade union activities.