Interim Report - Report No 230, November 1983

Case No 1212 (Chile) - Complaint date: 08-JUN-83 - Closed

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INTRODUCTION
A. The complainants' allegations
B. The Government's reply
C. The Committee's conclusions
The Committee's recommendations
ANNEX I

619. The complaints received from the International Confederation of Free Trade Unions (ICFTU), the World Confederation of Trade Unions (WFTU), the World Confederation of Labour (WCL), the National Confederation of Workers in the Building, Wood and Building Materials Industries and Allied Activities, and the Trade Unions International of Agricultural, Forestry and Plantation Workers are contained in communications dated 8, 16, 22 and 28 June and 5 July 1983, respectively. The ICFTU sent additional information and new allegations in communications dated 15 and 20 June, 11 July, 23 August and 13 October 1983. The WFTU also sent additional information in communications dated 23 June, 13 July and 20 October 1983, as did the National Confederation of Workers in the Building, Wood and Building Materials Industries and Allied Activities in a communication dated 6 July 1983. The Government replied in communications dated 23 June, 22 July, 14 September and 19 October 1983.
620. 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, 1948 (No. 98).

A. The complainants' allegations

621. The complainants allege that at the beginning of May/June 1983, Rodolfo Seguel, President of the Confederation of Copper Workers, was attacked by individuals in a jeep who repeatedly rammed the car in which he was travelling, in an attempt to push him off the road.
622. The complainants further add that on 14 June 1983, in response to an appeal from the leading democratic organisations belonging to the Chilean trade union movement, their members demonstrated peacefully in various areas of the country, denouncing the regime's reactionary, social and economic policy and making legitimate economic and social claims. The Chilean authorities' response to the second national day of protest - continue the complainants - was to launch a new wave of arrests, break into trade union premises and deploy forces on a wide scale. The severe measures of repression resulted in four deaths (including the youths Particio Yáñez and Leopoldo Segovia), six injured persons (of whom two were seriously injured) and 58 arrests, including that of Rodolfo Seguel, President of the Confederation of Copper Workers (CTC), arrested on 15 June 1983 together with his driver in the house of a trade union leader of the Confederation of Copper Workers, after having been assaulted. According to the WFTU, as many as 600 persons were arrested.
623. In communications dated 20, 22 and 23 June 1983, the complainants point out that 20 trade union leaders and trade unionists are in detention and committed to trial; they belong to the CTC, the National Confederation of Building Workers and the Confederation of Agricultural Workers and, apart from Rodolfo Seguel, they include Hugo Estivalez (Vice-President of the CTC), Carlos Opazo (President of the Agricultural Confederation "El Surco"), Sergio Troncoso (President of the National Confederation of Building Workers), Segundo Cancino, Sergio Villalobos, as well as the trade unionists Manuel Caro, Jorge Oróstica, Hernol Flores, Federico Mujica and Juan Mimitza. Their only crime is to have demanded that trade union and democratic rights be restored in the country. Furthermore, a considerable number of trade union leaders and thousands of workers (4,000 according to the ICFTU and 2,400 according to the WCL) in the copper sector had allegedly arrested and the main copper mines were occupied by the Armed Forces.
624. The complainants further allege that on 7 July 1983, members of the National Information Agency (CNI) broke into the premises of the National Trade Union Co-ordinating Body (CNS), stole furniture and equipment and abducted María Rozas, Anselmo Navarrete, Luis Fuentealba, Particia Miranda, Muriel Cornejo and Humberto Arcos, all CNS union leaders. María Rozas and Anselmo Naverrete were allegedly brutally tortured and were in a serious physical condition. According to the complainants, Miguel Vega and Arturo Martínez, President and Vice-President of the CNS, respectively, have been in detention since 9 July 1983, as are three labour lawyers: Gabriel Valdez, José de Gregorio and Jorge Lavandero.
625. The complainants also allege the arrest on 21 June 1983 of Héctor Solís, President of the Metropolitan Trade Union of Excavators and Sewage Workers and Valentín Osorno, trade union leader. The latter, who was arrested by members of the CNI, was later banished, as was Sergio Troncoso, to a locality in the extreme south of the country. The complainants enclose written statements from those concerned, testifying that they were subjected to torture, especially beatings and electric shock treatment.
626. With particular respect to the allegations of torture, the ICFTU states that it sent a trade union mission to Chile between 21 and 24 July 1983. According to the ICFTU, this mission was able to prove that the regime's secret police (the National Information Agency) continues to subject prisoners to torture. This mission received first-hand evidence from Maria Rozas (trade union leader) and Anselmo Navarrete (trade unionist) - who had just been released - and from Sergio Troncoso (trade union leader), who was still banished at the time. According to this evidence, the methods of torture used range from physical brutality, electric shock treatment, immersion in sewage, sleep deprivation, hypnosis, etc., to "refined" techniques of psychological torture.
627. The complainants allege that the trade union leader Rodolo Seguel had been arrested again upon an order from the Ministry of the Interior, this time in August 1983, for having protested against the social and economic, political and moral crisis reigning in the country. This trade union leader has allegedly gone on hunger strike to protest against his unfair arrest.
628. Furthermore, the ICFTU encloses information on arrests, trials and requests for the disqualification and dismissal of trade union leaders or workers.
629. Finally, the complainants allege in recent communications that on Friday, 7 October, Raúl Montecinos, trade union leader of the Salvador area and member of the National Council of the Confederation of Copper Workers, was abducted from a taxi while on his way to the headquarters of this Confederation in Santiago. The abductors, dressed as civilians but presumably members of the National Information Agency, forcefully pushed the trade unionist into another car in front of many witnesses. After being detained for many hours, he was left dying on a wasteland at the outskirts of Santiago. During his captivity, he had been brutally tortured and interrogated about his trade union activities. He was threatened by death if he continued with these activities. According to the complainants, Mr. Montecinos had also received death threats in the hospital to which he was later taken.

B. The Government's reply

630. With respect to the allegation that Rodolfo Seguel was attacked by persons travelling in a jeep, who repeatedly rammed into his car, the Government states that on 2 June 1983, between 9:30 and 10 a.m., Dr. Sergio Sebastiani, Director of the medical surgery "Confraternidad" (Brotherhood) in the town of San Bernardo, was driving along the north-south highway in a jeep to attend urgently to a sick patient; glancing into his rear-view mirror, he noticed another car flashing its lights at him to overtake. The doctor was unable to give way because there were other cars in the lane into which he would have had to turn. Suddenly, the car behind overtook the jeep and cut in front of it. The doctor was annoyed by this and at the next traffic lights, he positioned himself behind the car which had overtaken him and, when it was time to go, he sounded his horn repeatedly. As the car did not move forward, he pushed it 15 meters. The driver of the car then got out and started threatening Dr. Sebastiani. This was merely an incident between two drivers on a highway. Rodolfo Seguel, who at first denounced this incident as an "attack against his person", later retracted his statement and declared to the press that it had merely been "an annoying accident".
631. With respect to the alleged abduction of Rodolfo Seguel and his driver Hernán Garrido on 15 June 1983, the Government states that, as it has already pointed out in Case No. 1200, Rodolfo Seguel Molina was committed for trial for the role he had played in the events of 11 May 1983. In spite of the fact that he had been released on bail by the examining magistrate, Mr. Seguel continued to take an active part in the preparation of the demonstrations which took place on 14 June 1983; these demonstrations became violent at the hands of some apparently uncontrollable individuals, causing the death of four innocent persons and considerable damage to private property. Bearing in mind the nature of the events of 11 May, it was foreseeable that the same would happen on 14 June; however, Mr. Seguel committed the same offence. In view of the fact that release on bail is a favour granted to the accused and that it is annulled if he relapses into the same behaviour which prompted the initial proceedings, the examining magistrate revised his decision to allow Mr. Seguel to be released on bail and ordered that he should go to a pre-trial detention centre. On 19 July, the magistrate, granting a request from the defence counsel, released him on bail for the second time. From a legal point of view, Mr. Seguel's situation was as follows. the examining magistrate brought two indictments against the accused. The first concerned his alleged breach of section 12(2), of the State Security Act, respecting those who cause, incite or encourage the collective suspension or interruption of activities by calling stoppages or strikes in the public services or public utility sectors, as well as in the production, transport or trade sectors. Mr. Seguel was committed to trial on this account for his alleged role in the events which occurred on 11 May 1983. The second indictment, for his alleged role in the events which occurred on 14 June 1983, was brought against him because of his alleged breach of section 4, paragraph (c), of the State Security Act, with respect to those who conspire, agree to or encourage meetings aimed at overthrowing the established Government or plotting against its stability. On 30 August 1983, the examining magistrate ruled that the inquiry was over and declared the pre-trial proceedings closed. The Government points out that there was no question of abduction in this case and that Mr. Seguel's driver was released, hours later, once he had been questioned by members of the Police Department. The Government refers to the information it had given within the framework of Case No. 1200, stating that, as a proof of its good intentions, the Supreme Government, on 23 September 1983, waived the action brought against Mr. Seguel and other members of the Confederation of Copper Workers.
632. The Government points out that a third action was brought against Mr. Seguel for insulting the President of the Republic (section 6(b) of the State Security Act) and that the examining magistrate of the Court of Appeals charged him and ordered his pre-trial detention. Later, on 20 September 1983, the Supreme Government stayed the proceedings. There are therefore no charges or proceedings pending against Mr. Seguel for breach of the State Security Act.
633. Furthermore, the Government states that the incidents which occurred on 14 June 1983, which went beyond a peaceful demonstration, were aimed at subverting public law and order. Trade union leaders as such did not take part in these events, which did not take place for trade union reasons. They degenerated into acts of extreme violence, with physical assaults and serious damages to private property and public services, estimated to have amounted to approximately $6 million. The allegation that 600 workers were arrested is untrue, since those arrested were hoodlums and delinquents who hurled stones at cars and smashed and looted shops on the outskirts of the town, taking away goods and items which, in one of the districts in question, was estimated by its owners to amount to US$40,000.
634. The Government further adds that it is untrue that 4,000 workers in the copper mines were arrested, as alleged by the ICFTU or that 2,400 workers in the copper mines in El Salvador, Caletones and El Teniente were arrested, as stated for its part by the WCL. The Government states that the CODELCO firm had cancelled the labour contracts of several workers, dismissed on various grounds within the framework of the law, and these had included several trade union leaders. The Government points out that those dismissed had brought an action against the firm in the ordinary courts, requesting their reinstatement, and that no judgement had yet been made on this matter. Nevertheless, the CODELCO firm, at the request of the Government and trade union leaders, had accepted to set up committees to study the reinstatement of those dismissed. On 26 August, a committee was accordingly set up in the Andina Province and later in the other provinces.
635. The Government also denies the validity of the allegation that the main copper mines had been "occupied" by the Armed Forces. It cannot make out the relationship between freedom of association and a situation of this nature.
636. Concerning the death of several people, including the youths Patricio Yáñez and Leopoldo Segovia, and the injuries sustained by two people, the Government points out that they were not trade union' leaders, neither were they involved in trade union activities. These people were victims of the extreme violence unleashed by groups of hoodlums who took advantage of the demonstration to commit all sorts of outrages and attack people and private property. The above-mentioned events occurred in the evening of 4 June, after an ordinary work-day, in the outlying districts of the city. These tragic events, which the Government deplores and which the police were unable to prevent, do not, in its opinion, constitute in any way a violation of freedom of association. After making investigations, the ordinary criminal courts will be entrusted with identifying those responsible for these actions and applying penalties in accordance with the relevant legislation.
637. With respect to the banishment of trade union leaders and trade unionists to some localities, the Government states that Sergio Troncoso, Carlos Opazo and José Oróstica were arrested on 18 June 1983 for having repeatedly subverted public law and order and disturbing the peace within the country. Applications for amparo (enforcement of constitutional rights) for these three persons were lodged with the Santiago Court of Appeals but were rejected. On 23 June 1983, they were banished to the southern localities of Maullín, Chile Chico and Puerto Cisnes, respectively, for a maximum of 90 days authorised by law. In the case of Valentín Osorno B., Héctor Solís S., Sergio Cancino, Manuel Caro and Sergio de Jesús Villalobos, all were banished to various towns throughout the country, that is: Quellón, Curaco de Vélez, Chonchi, Achao, Quenchi, for the maximum of 90 days authorised by the law, for having subverted public law and order and disrupting peace within the country. Their arrest and subsequent banishment to towns throughout the country was in no way connected to their presumed trade union activities or decided upon because they were allegedly trade unionists.
638. Concerning the alleged arrest of Hernol Flores, Federico Mujica and Antonio Mimitza, the Government states that Hernol Flores was committed for trial for an suspected breach of section 11(2) of the 1958 State Security Act No. 12917), upon a decision by a magistrate of the Santiago Court of Appeal. The above-mentioned provision stipulates that those who cause, incite or encourage the collective interruption or suspension of national activities are liable to be prosecuted. While preparations were being made for his trial, Mr. Flores was released on bail. On 25 August 1983, the magistrate acquitted him, in a judgement of the first instance, of the charge that he had acted in breach of the State Security Act. On 29 August 1983, the Ministry of the Interior waived the application for appeal which it was entitled to do by law, thereby upholding the acquittal and depriving itself of any further appeal. As far as the other trade union leaders are concerned, Mr. Mimitza and Mr. Mujica, they were unconditionally discharged after having been questioned by the magistrate of Cerda.
639. The Government also states that the position of María Rozas Velásquez, José Anselmo Navarrete Pino, Luis Fuentealba Reyes, Patricia Miranda Verdejo and Muriel Cornejo Bustamante is as follows: on 7 July 1983, the above-mentioned were arrested and brought before the courts for breach of section 4, paragraphs (a) and (c), section 6, paragraph (a) and section 11(2) of the 1958 State Security Act (No. 12927). These clauses stipulate that all those who cause or encourage the suppression of public law and order, conspire against the established Government, foster disturbances or acts of violence which disrupt public peace, as well as those who cause, incite or encourage the collective disruption or suspension of national activities, are liable to prosecution. The examining magistrate ordered that the above-mentioned persons should be detained while the preliminary investigations were being carried out; on Saturday 16 July 1983, he ordered their unconditional release due to lack of evidence. On the morning of 19 July 1983, they held a press conference to thank those who had supported them. The allegation that these persons were in hospital and in serious physical condition is therefore unfounded. After the magistrate had received the report from the prosecutor of the Court of Appeal, he ruled that the case should not be continued in view of the fact that at the end of the preliminary investigations there were no detainees or accused persons and no charges had been brought against anyone.
640. The Government further adds that the position of Miguel Vega, Arturo Martínez, Humberto Arcos, Gabriel Valdez, José de Gregorio and Jorge Lavandero is as follows: Miguel Vega, Arturo Martínez and Humberto Arcos are not in detention. They gave evidence, as witnesses, at the trial against María Rozas, Jose Navarrete, Luis Fuentealba, Patricia Miranda and Muriel Cornejo. As far as Gabriel Valdez, José de Gregorio and Jorge Lavandero are concerned, they are not labour attorneys but well-known leaders of a political party and are free. One of them held a ministerial post in a previous government and another an electoral position. A magistrate of the Court of Appeal had brought charges against them for an alleged breach of the State Security Act. On 13 July 1983, the Court of Appeal accepted an application for amparo for these persons and granted them an unconditional release due to lack of evidence. This ruling by the Court of Appeal was later confirmed by the Supreme Court of Justice, the highest court in the Republic.

C. The Committee's conclusions

(l) Allegations concerning the repression of the demonstrations held on the second National Protest Day on 14 July 1983
1. 641 Concerning the death of four people and the injuries sustained by other persons, the Committee notes that, according to the Government, these occurred as a result of the extreme violence unleashed by groups who took advantage of the demonstration to carry out attacks on individuals and private property. The Committee notes that the investigations into these events will be carried out through the ordinary legal channels. Whilst deeply deploring these deaths and the physical assaults which took place, the Committee requests the Government to inform it of the findings of the investigation carried out in this respect.
2. 642 With respect to the allegations of arrests, the Committee notes that the Government denies that 600 workers were arrested and maintains that the arrests made concerned hoodlums and delinquents who had thrown stones at vehicles and smashed and looted shops.
3. 643 The Committee notes that, according to the Government, the trade union leaders and trade unionists, Sergio Troncoso, Carlos Opazo, José Oróstica, Valentín Osorno, Héctor Solís, Sergio Cancino, Manuel Caro and Sergio Villalobos, were arrested and subsequently banished to various localities through the country for having subverted public law and order and disrupting peace within the country. As the Government had failed to list the actual deeds allegedly committed by these persons and limited its comments to stating in general terms that the measures taken against them were unrelated to their trade union activities, the Committee must express its regret at such measures and draws the Government's attention to the fact that measures depriving persons of their freedom and imposing sanctions such as banishment by the administrative authorities for trade union reasons constitute a violation of the principles of freedom of association; it also considers it unacceptable that sanctions of this type should be imposed by administrative action.
4. 644 The Committee further notes that, according to the Government, the trade unionist Hernol Flores, prosecuted for breach of section 11(2) of the State Security Act (incitement to disrupt or suspend national activities), was acquitted on 25 August 1983 by the judicial authorities. The Committee also notes that the trade unionists Federico Mujica and Juan Mimitza were granted an unconditional release after being questioned by the judicial authorities. The Committee notes that although the Government declared that Mr. Flores was released on bail, it did not deny that he had been banished in the first place; neither did it deny that Mr. Mujica and Mr. Mimitza had been arrested. As the judicial authorities did not uphold any charges against these trade unionists, the Committee must regret that they were deprived of their freedom and draws the Government's attention to the fact that the arrest of trade union leaders and trade unionists for trade union reasons constitutes a violation of the principles of freedom of association.
5. 645 Furthermore, the Committee asks the Government to send its comments on the trial and/or the arrest of the 12 union leaders and five trade unionists mentioned in Annex l.
6. (2) Allegations concerning the forced entrance into the premises of the National Trade Union Co-ordinating Body (CNS) on 7 July 1983, during which furniture and equipment were stolen and eight CNS leaders and three labour legal advisers were arrested
7. 646 The Committee notes that, according to the Government, Gabriel Valdez, José de Gregorio and José Lavandero are not labour attorneys but leaders of a political party and that the trade union leaders Miguel Vega, Arturo Martínez and Humberto Arcos are not in detention but gave evidence at the trial against other CNS leaders. The Committee further notes that, according to the Government, María Rozas, José Anselmo Navarrete, Luis Fuentealba, Patricia Verdejo and Muriel Cornejo Bustamante were arrested and brought before the courts on 7 July 1983 for violation of the State Security Act and that they remained in detention until 16 July, upon which date the examining magistrate stayed the investigation on the case and granted the accused an unconditional discharge due to lack of evidence. In these circumstances, as the judicial authorities did not uphold any charges, the Committee regrets the arrest of these five trade union leaders and reiterates the principles underlined above.
8. 647 The Committee notes that the Government has not replied to the allegation concerning the forced entrance into the CNS premises and the theft of furniture and equipment and requests it to send its comments on this matter.
9. (3) Allegations of torture
10. 648 The complainants allege that María Rozas (trade union leader) and José Anselmo Navarrete (trade unionist) were brutally tortured and were in a serious physical condition. According to the complainants, the trade union leader Sergio Troncoso had also been tortured. The Committee notes these allegations as well as the information provided by the ICFTU mission to Chile concerning the allegations of torture.
11. 649 In this respect, the Committee notes that the Government limited its comments to stating that María Rozas and José Anselmo Navarrete - released on 16 July 1983 - held a press conference on 19 July 1983 to thank those who had supported them and that, consequently, the allegation that these persons were in hospital and in a serious physical condition was devoid of truth.
12. 650 The Committee is of the opinion that the Government has not provided adequate detailed information on the allegations of torture to which María Rozas, José Anselmo Navarrete and Sergio Troncoso were supposedly subjected when in detention. Therefore, as on previous occasions, whilst expressing its serious concern at the detailed allegations of torture submitted by the complainants, in particular the information communicated by the ICFTU mission to Chile, the Committee requests the Government to undertake a prompt and independent legal investigation of the alleged cases of torture (especially concerning the three persons mentioned above), with a view to elucidating the facts in full, to identifying the persons responsible and to taking proceedings against them, as well as to keep it informed of the outcome of its investigations.
13. 651 The Committee also requests the Government to send as soon as possible its comments on the recent allegations of abduction, torture and death threats to which Raúl Montecinos, CTC leader, was subjected on 7 October 1983 and who is presumably in hospital at the moment.
14. (4) Allegations concerning the arrest of a large number of trade union leaders and thousands of workers in the copper sector
15. 652 The Committee expresses its grave concern that, according to the complainants, the CODELCO firm dismissed 34 trade union leaders in the copper sector, requested on 17 May 1983 the disqualification as trade union leaders of 11 of them (and subsequently that of eight others) and also dismissed thousands of workers (more than 4,000 according to the ICFTU; more than 2,400 according to the WCL). The Government stated that it was untrue that it had dismissed either 4,000 or 2,400 workers. According to the Government, the CODELCO firm had cancelled the labour contracts of several workers, dismissed on various grounds within the framework of the law, amongst whom there had been several trade union leaders. The Government also stated that, upon request from several trade union leaders, the CODELCO firm had agreed to set up committees to study the reinstatement of those dismissed, and that several of these have already been set up. In this respect, the Committee regrets that the Government has not given the exact number of the trade union leaders and workers affected by the measures of anti-union discrimination alleged by the complainants in spite of the fact that the latter had submitted the names of the trade union leaders concerned.
16. 653 The Committee considers that there is substantial evidence to suggest that the alleged dismissals and requests for the disqualification of trade union leaders, as well as the dismissal of thousands of workers, were of an anti-trade union nature. Firstly, this would seem to be supported by the high number of trade union leaders dismissed (34 according to the complainants, a figure which was not expressly refuted by the Government) or those affected by requests for disqualification; secondly, by the extremely high number of workers allegedly dismissed and by the fact that, although the Government had denied that there were 4,000 or 2,400, it had not given exact figures; thirdly, considering that the measures in question were taken during the same period, when there had been many collective protest demonstrations held by the trade union movement.
17. 654 The Committee therefore requests the Government to take all the necessary measures to ensure that the dismissed trade union leaders be reinstated to their jobs as soon as possible, that the CODELCO firm abandons the legal proceedings it has instituted to disqualify the trade union leaders from office and that all those workers who have been dismissed for trade union reasons should be reinstated. The Committee asks the Government to keep it informed on this matter.
18. (5) Allegations concerning Rodolfo Seguel Molina, President of the Confederation of Copper Workers
19. 655 With respect to Mr. Seguel, the complainants presented the following allegations;
  - - the attack against the car in which Mr. Seguel was driving (2 June 1983);
  - - his trial in connection with the first National Protest Day (11 May 1983), under the State Security Act (cf. Case No. 1200);
  - - his trial in connection with the second National Protest Day (14 June 1983) on the basis of the same Act; and his arrest on 15 June 1983, together with his driver, after having been attacked while at the home of a CNS leader;
  - - his trial and arrest in August 1983, also under the State Security Act, for having protested against the social and economic, political and moral crisis reigning in the country. Because of this, Mr. Seguel began a hunger strike;
  - - his dismissal by the CODELCO firm which had also instituted legal proceedings for his disqualification from holding office as a trade union leader.
20. 656 The Committee notes that the alleged attack against the vehicle in which Mr. Seguel was driving on 2 June 1983 was a mere incident between drivers, unrelated to freedom of association. The Committee also notes that Mr. Seguel's driver was released on 15 June 1983, hours after having been arrested, once having been questioned. The Committee regrets that the Government did not provide information concerning the ill-treatment to which Mr. Seguel and his driver were allegedly subjected during their detention. With respect to the action brought against Mr. Seguel for having insulted the President of the Republic, the Committee notes that neither the complainants nor the Government provide sufficiently detailed information to enable the Committee to come to a decision on this matter in full knowledge of the facts.
21. 657 The Committee notes that the Government has waived the three actions brought against this trade union leader for breach of the State Security Act. However, the Committee notes that the President of the Confederation of Copper Workers of Chile was held in preventive detention from 15 June to 19 July 1983 on the grounds that, according to the Government, he had played an active part in preparing and inciting the events which occurred on 14 June 1983 (second National Protest Day). The Government also pointed out that Mr. Seguel was tried for his presumed responsibility in the occurrences of 14 June 1983 and, more specifically, for alleged breach of section 4, paragraph (c) of the State Security Act (respecting those who conspire, agree to or encourage meetings aimed at deliberately overthrowing the established Government or plotting against its stability). For their part, the complainants alleged that the second National Protest Day was organised by the main democratic organisations within the trade union movement (a point which was not denied by the Government) and that the aim of this day of protest had been to denounce the Government's economic and social policy.
22. 658 The Committee therefore concludes that the second National Protest Day and, more specifically, Mr. Seguel's actions, correspond to trade union activities. Consequently, the Committee regrets that he was committed to that and held in preventive detention for more than one month. From a more general point of view, the Committee notes that Mr. Seguel was dismissed by the CODELCO firm and that this firm has instituted legal proceedings for his disqualification from holding office as trade union leader (see Annex II of the present report); it also notes that an action was brought against him for his participation in the first National Protest Day (see Case No. 1200). The Committee deduces from all these points that Mr. Seguel, one of the leading trade union leaders in the country, has been the subject of a serious case of anti-trade union discrimination.

The Committee's recommendations

659. In these circumstances, the Committee recommends the Governing Body to approve this interim report, in particular the following conclusions;
- (a) The Committee deeply deplores the four deaths and physical assaults which occurred on 14 June 1983 (second National Protest Day).
- (b) The Committee regrets the arrest of 16 trade union leaders or trade unionists and the banishment, by administrative action, of eight of them. The Committee draws the Government's attention to the fact that such measures, taken for trade union reasons, constitute a violation of the principles of freedom of association; it also considers it unacceptable that sanctions of this nature be imposed by administrative action.
- (c) The Committee expresses its grave concern at the detailed allegations of torture submitted by the complainants and requests the Government to undertake a prompt and independent judicial investigation of the alleged cases of torture (especially with respect to Marfa Rozas, Sergio Troncoso - both trade union leaders - and José Anselmo Navarrete - trade unionist) with a view to elucidating the facts in full, to identifying the persons responsible and to taking proceedings against them.
- (d) The Committee asks the Government to take all the measures necessary to ensure that the dismissed trade union leaders (34 according to the complainants) are reinstated as soon as possible in their jobs, that the CODELCO firm abandons the legal proceedings it has instituted to disqualify trade union leaders from holding office and that it reinstates all those workers who have been dismissed for trade union reasons.
- (e) With respect to the allegations concerning Mr. Seguel, President of the Confederation of Copper Workers, the Committee notes that the Government has waived the three legal actions it brought against him. Nevertheless, the Committee regrets that Mr. Seguel was preventively detained for more than one month for having taken part in the second National Protest Day. From a more general point of view, taking into account all the allegations concerning this trade union leader made within the context of the present case or Case No. 1200, the Committee is of the opinion that Mr. Seguel, one of the leading trade union leaders in the country, has been the subject of a serious case of anti-trade union discrimination.
- (f) The Committee asks the Government:
- (i) to send it the findings of the investigations carried out by the normal legal channels into the four deaths and physical assaults which occurred on 14 June 1983 (the second National Protest Day);
- (ii) to send its observations on the trial and/or arrest of the 12 trade union leaders and the five trade unionists mentioned in Annex I;
- (iii) to send its observations on the allegation that the premises of the National Trade Union Co-ordinating Body were broken into and that furniture and equipment were stolen;
- (iv) to send its observations as soon as possible on the recent allegations concerning the abduction, torture and death threats against Paúl Montecinos, CTC union leader, on 7 October 1983, who is presumably in hospital at the moment;
- (v) to inform it of the results of the judicial investigations underway into the alleged cases of torture, in particular, regarding Marfa Rozas, Sergio Troncosco - both trade union leaders - and José Anselmo Navarrete;
- (vi) to inform it of the measures taken to put an end to the acts of anti-union discrimination taken against trade union leaders and workers.

ANNEX I

Information on trade union leaders and trade unionists charged by the Government or brought to trial
--------------------------------------------------------------------------------------------------------------------------------------------------------
Name Organisation The Government's Brought to trial for1 Situation of trial Penalty required Penalty liable to
charge1 as at 14 August 1983 by the Government be given at the
moment
--------------------------------------------------------------------------------------------------------------------------------------------------------
Carlos Olgalde CTC Leader s.11(2), s.4 Unconditional release, --- --- ---
paras. (a) and (c) at present
and s.6, para. (a)
Leonel Abarca CTC Leader Idem Unconditional release, --- --- ---
at present
le moment
Luis Morgado CTC Leader Idem Unconditional release, --- --- ---
at present
Rubén Rivera CTC Leader Idem Unconditional release, --- --- ---
at present
Sergio Barriga CTC Salvador s.11(2), s.4 s.11(2) Imprisoned 2 days, 5 years 3 years
Area Chairman paras. (a) and (c) now released on bail
José Escobar Industrial trade Idem s.11(2) Imprisoned 4 days, 5 years 3 years
unionist of the now released on bail
CTC Salvador
Egidio Macías Industrial trade Idem s.11(2) Imprisoned 4 days, 5 years 3 years
unionist of the now released on bail
CTC Salvador
Gustavo Rivera Industrial trade Idem s.11(2) Imprisoned 4 days, 5 years 3 years
unionist of the now released on bail
CTC Salvador
Sabino Piez Occupational trade Idem s.11(2) Imprisoned 6 days, 5 years 3 years
unionist, Salvador now released on bail
Salvador CTC
--------------------------------------------------------------------------------------------------------------------------------------------------------
Name Organisation The Government's Brought to trial for1 Situation of trial Penalty required Penalty liable to
charge1 as at 14 August 1983 by the Government be given at the
moment
--------------------------------------------------------------------------------------------------------------------------------------------------------
Nelson Rivera Trade union leader, Idem s.11(2) Imprisoned 4 days, 5 years 3 years
Salvador CTC now released on bail
Marcos AguileraWorker member of the Idem s.11(2) Imprisoned 6 days, 5 years 3 years
Salvador Occupa- now released on bail
tional Trade Union
Hugo Alamis Worker member of the Idem s.11(2) Imprisoned 6 days, 5 years 3 years
Salvador Occupa- now released on bail
tional Trade Union
Eugenio López El Teniente s.11(2), s.4 Unconditional release Imprisoned 2 days --- ---
Area Chairman paras. (a) and (c)
Eduardo Díaz El Teniente Idem Idem Imprisoned 2 days --- ---
Area Secretary
Juan Meneses Chairman of Indus- Idem Idem Imprisoned 2 days --- ---
trial Union, Sewell
Mina CTC
Juan Marambio Industrial Union Idem Idem Imprisoned 2 days --- ---
Leader, Sewell and
Mina
Marcos Molina Secretary of Indus- Idem Idem Imprisoned 2 days --- ---
trial Union Caletones
1 Typical actions sanctioned by the State Security Act are the following: encouragement of work stoppages (section 11(2); incitement to revolt to overthrow the Government (section 4, para. (a)); the convening of meetings and conspiring to overthrow the Government (section 4, para. (a) ); the causing of disturbances or acts of violence which disrupt public law and order (section 6, para. (a)); bringing into the country, hoarding, distribution or transport of arms, munitions, projectiles, explosives, poison or test gas, as well as any other similar equipment, to commit any of the crimes sanctioned under the State Security Act (section 6, para. (g)). The penalties laid down for these offences range from 541 days of imprisonment to punishment and life imprisonment.
ANNEX II
1. Legal proceedings instituted by the CODELCO firm on 17 May 1983, for the disqualification from holding office for three years of trade union leaders in the copper sector, following the first national day of protest
(a) In Chuquicamata (Court of Calama)
Carlos Ogalde - Treasurer of the CTC
Ramiro Vargas - Chairman of the Chuquicamata Area
Nicanor Araya - Chairman of the Chuquicamata Industrial Union
Fredy Hinojosa - Leader of the Chuquicamata Industrial Union
(b) In Salvador (Court of El Salvador)
Sergio Barriga - Chairman of the Salvador Area
Rubén Rivera - National CTC leader
José Escobar - Leader of the Salvador Industrial Union
Sabino Páez - Leader of the Salvador Occupational Union
Raúl Montecinos - National CTC Union
Nelson Rivera - Leader of the Salvador Occupational Union
(c) In Chañeral (Court of Chañeral)
Roberto Carvajal - Secretary General of the CTC
(d) In Los Andes (Court of Los Andes)
Ricardo Opazo - Treasurer of the Andina Occupational Union
Rafael Gutiérrez - Leader of the Andina Occupational Union
Sergio Neira - Chairman of the Andina Industrial Union
José Pérez - CTC National Leader
(e) In Rancagua (Court of Rancagua)
Rodolfo Seguel - President of the CTC
Manuel Rodríguez - CTC National Leader
Armando Garrido - Leader of the Caletones Industrial Union
Eugenio López - Chairman of the El Teniente Area
2. Leaders in the copper sector dismissed by the CODELCO firm
Andina Area
(a) Andina Employees' Union
Hugo Estivales Sánchez
Rafael Gutiérrez Briceño
Ricardo Opazo Varetto
(b) Andina Industrial Union
Carlos Valdivia Campos
Sergio Neira Paredes
Nicolás Manque Olivares
José Pérez Ahumada
Clodomiro Vásquez Contreras
El Salvador Area
(a) Potrerillos Occupational Union
Victor López Rivera
Luis Pizarro Castillo
Manuel Correa Bravo
(b) Llanta Union (No. 1)
Roberto Carvajal Mieres
(c) El Salvador Industrial Union
José Escobar Rojas
Rubén Rivera Suárez
Gustavo Rivera Suárez
Egidio Masías Herrera
Raúl Montecinos Rosales
(d) El Salvador Occupational Union
Sergio Barriga Cortez
Nelson Rivera Valderrama
Crosting Yáñez Segovia
Sabino Páez Castillo
Juan Luan Cortés
El Teniente Area
(a) Sewell and Minas Occupational Union
Enés Zepeda Vicencio
Víctor Herrera Acevedo
Arturo Vera Mauro
(b) Sewell and Minas Industrial Union
Juan Meneses Campos
Manuel Ahumada Medina
Eugenio López López
Leonel Abarca Quinteros
(c) Caletones Occupational Union
Eduardo Díaz Solis
Rodolfo Seguel Molina
(d) Caletones Industrial Union
Manuel Rodríguez Echeverri
Rodemil Aranda Flores
Marcos Molina Catalán