Effect given to the recommendations of the committee and the Governing Body - Report No 340, March 2006

Case No 2086 (Paraguay) - Complaint date: 31-MAY-00 - Closed

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

1. 120. At its November 2002 meeting, the Committee last examined Case No. 2086, concerning: (1) the trial and sentencing in the first instance for “breach of trust” of the three presidents of the trade union confederations CUT, CPT and CESITEP, Alan Flores, Jerónimo López and Reinaldo Barreto Medina; and (2) the dismissal of trade unionist Florinda Insaurralde [see 329th Report, paras. 109-113]. On that occasion, the Committee formulated the following recommendations:
   • The Committee notes the fact that the trade union leaders Alan Flores and Jerónimo López are currently under house arrest. However, taking into account its previous comments, the serious flaws in the legal proceedings concerning the two trade union leaders noted in the previous examination of the case, the time gone by since the sentence was handed down in the first instance (over one year) without the relevant appeal having been decided, and the fact that the accused have already served the minimum sentence imposed on them in the first instance, the Committee profoundly regrets that no measure has been taken to release Reinaldo Barreto Medina, Jerónimo López and Alan Flores. In these circumstances, the Committee urges the Government to take measures to this end and hopes that a decision will be handed down in the very near future on the judicial appeals filed and that they will take into account the provisions of Conventions Nos. 87 and 98. The Committee requests the Government to keep it informed in this respect.
   • The Committee requests the Government to keep it informed of any proceedings that Florinda Insaurralde may bring against resolution No. 321/99 and Decree No. 7081/2000, which led to her dismissal.
2. 121. In the context of the follow-up to these recommendations, in communications dated 8 February, 23 April and 2 June 2003, the complainants requested the International Labour Office to field a mission to note further flaws in the legal proceedings concerning the accused trade union leaders (alleging further delays in handling requests for release, extremely slow progress on the appeal filed against the sentence handed down in the first instance in October 2001, etc.). Moreover, in a communication dated 15 July 2003, the World Confederation of Labour (WCL) joined the complaint, stating that: (a) while a person guilty of committing an offence should be duly punished, the proper functioning of the judicial system is an essential prerequisite; (b) the judicial branch must be wholly independent and adhere to the procedures laid down in the national legislation, in full compliance with Convention No. 87; and (c) due account should be taken of the Committee’s recommendations in the judicial proceedings. In a communication dated 23 April 2003, the Government of Paraguay accepted the complainants’ proposal for a follow-up mission to visit Paraguay in connection with these allegations.
3. 122. In this respect, the Committee has been informed that: (1) the court of first instance violated the principle of nullum crimen sine lege, which prohibits applying criminal law retroactively, and the sentence was handed down on the basis of a rule of criminal law promulgated after the acts at issue took place; and (2) the accused have served a substantial part of the terms of imprisonment imposed by the court of first instance (in the case of Mr. Barreto Medina, over half his sentence), and there is no firm prospect of any improvement in the state of the proceedings against the trade union leaders in the short or medium term (release requested by the Committee on Freedom of Association and the trade union leaders, a ruling by the Court of Appeal on the appeal filed in October 2001), given that the Court of Appeal has stated that, according to the statutory time limits on the proceedings, a ruling on the appeal filed in October 2001 will not be handed down before December 2003 or the beginning of 2004.
4. 123. The Committee emphasizes that due process of law should include the non-retroactive application of the criminal law, and that the right to a fair and rapid trial is among the civil liberties which should be ensured by the authorities in order to guarantee the normal exercise of trade union rights [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, paras. 108 and 94]. In these circumstances, and in the light of the information received, the Committee deeply regrets the long delay taken by the Court of Appeal to make its ruling and reiterates its previous recommendations. Accordingly, it strongly urges the Government once again to take immediate action to secure the release of trade union leaders Reinaldo Barreto Medina, Jerónimo López and Alan Flores. The Committee requests the Government to keep it informed of any measure taken to that end.
5. 124. Lastly, the Committee regrets that the Government has not sent the observations requested concerning any proceedings filed by Florinda Insaurralde against resolution No. 321/99 and Decree No. 7081/2000, which led to her dismissal, and once again requests the Government to keep it informed in this respect.