Rapport intérimaire - Rapport No. 320, Mars 2000

1. 626. The Committee examined this case at its meeting in June 1999 and presented an interim report (see 316th Report of the Committee, paras. 448-464, approved by the Governing Body at its 275th Session in June 1999). The Government's observations were received subsequently in communications dated 28 June and 3 November 1999.
2. 627. Ecuador 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. Previous examination of the case

1. 628. In its previous examination of the case the Committee made the following recommendations concerning the allegations which remained pending (see 316th Report, para. 464):
2. Regretting deeply the murder of the trade union official Saúl Cañar Pauta, the Committee requests the Government to keep it informed of developments in the judicial inquiries and trusts that those guilty of the murder will be quickly identified and punished.
3. The Committee requests the Government to ensure that judicial investigations are commenced and to provide it with the texts of the judgements which will be issued concerning the deaths resulting from the events of 1 October 1998.
4. The Committee urges the Government to communicate immediately its observations on the allegations to which it has failed to reply, i.e.: (1) the campaign to discredit and intimidate the president of the CEOSL, threatened with legal proceedings by the Minister of the Interior because of statements he made to the national press on the eve of the abovementioned strike; and (2) the training of 38 Ecuadorian nationals in combat practices by a well-known Colombian paramilitary leader with a view to launching an offensive against labour activists, according to information in a magazine.
5. B. The Government's reply
6. 629. In its communications of 28 June and 3 November 1999, the Government states that the complainant's allegation concerning the training of 38 Ecuadorian nationals by paramilitary forces is based solely on rumours for which no supporting evidence has been provided, and adds that it will never allow acts of violence. The Government also categorically denies that the former Minister of the Interior attempted to discredit, intimidate or threaten the president of the CEOSL by threatening legal action against him following his statements on the eve of a national strike, and maintains that the Minister had confined herself to stating in general terms that legal proceedings would be initiated against persons who violated the Constitution. The Government provides a video recording of the former Minister's statements. As regards the legal proceedings in connection with the death of the trade union official Saúl Cañar Pauta, the Government indicates that the Ministry of the Interior reiterates its decision to proceed with the criminal investigation until a final ruling is given and will bring charges against all the persons involved. The Government also supplies a copy of the results of the inquiries already completed.
7. 630. As regards the Committee's request concerning the deaths during demonstrations held on 1 October 1998, the Government indicates that the police officer José Geover Bowen died after entering an area where a group of demonstrators was committing acts of violence on the day of the national strike. A grenade exploded in his hands, wounding other police officers. Mr. Jorge Aníbal Mena, who was not involved in the strike, died after being hit by a stray bullet fired from a long distance (about 80 metres). Another victim, Mr. Javier Bone Roa, was killed instantly by a gunshot while taking part in violent demonstrations in which the demonstrators used firearms against the forces of law and order. The person or persons responsible for his death have not so far been identified. All these cases have been brought before the courts. The Government indicates that in all cases, the bullets had been fired from some distance, were in the descending phase of a parabolic trajectory, and were not aimed at a particular target; they were not connected with the activities of the police during the demonstration.

C. The Committee's conclusions

1. 631. The Committee takes note of the Government's statements categorically denying that the former Minister attempted to discredit or intimidate the president of the CEOSL, and notes that it has supplied a video recording of its statements. The Committee also notes that, as regards the allegations regarding training by paramilitaries of 38 Ecuadorian nationals with a view to launching an attack on social activists, the Government states that this is based on rumours which, it points out, have not been substantiated by the complainant. The Committee invites the complainant to provide additional information in this respect.
2. 632. At the same time, the Committee notes that, according to the Government, the cases concerning the death of the police officer José Geover Bowen and the deaths of other persons during the demonstrations held in connection with the general strike of 1 October 1998 (Mr. Jorge Aníbal Mena and Mr. Javier Bone Roa) have been brought before the courts. The Committee deeply regrets these deaths and requests the Government to inform it of the outcome of the judicial inquiry.
3. 633. As regards developments in the investigations into the death of the trade union official Saúl Cañar Pauta, the Committee notes the findings which the Government has passed on to the Committee. The Committee requests the Government to keep it informed of any developments in the judicial inquiry and to inform it of the results as soon as they are given.