Effect given to the recommendations of the committee and the Governing Body - Report No 353, March 2009

Case No 2302 (Argentina) - Complaint date: 29-SEP-03 - Closed

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

1. 32. The Committee last examined this case at its November 2007 meeting [see 348th Report, paras 28–34]. On that occasion, it expressed the hope that the judicial proceedings (concerning the dismissal of the General Secretary of the Trade Union of “Puntanos” Judicial Employees (SIJUPU)) and/or administrative proceedings (summary proceedings against members of the SIJUPU executive committee) would be concluded in the near future and that the dialogue between the parties initiated, according to the Government, following the appointment of the new higher court authorities would continue to be consolidated.
2. 33. In a communication dated 27 November 2007, the SIJUPU states that administrative proceedings instituted some two years ago against the SIJUPU executive committee members, Ms María Fabiana Aquín, Mr Raúl Suárez, Ms Lía Barroso and Ms Susana Muñoz were riddled with irregularities and applications were therefore filed to have them declared null and statute-barred, but they have still not been settled, nor has there been a definitive ruling on the amparo (protection of constitutional rights) application filed by the SIJUPU General Secretary, Mr Juan Manuel González in 2004 (for having been dismissed while holding trade union immunity). Since 2004, an application for review by the employer has been pending. The SIJUPU adds that it has been unable to participate in the organization of the Judicial Training Institute.
3. 34. The Committee expects that the appeals relating to the administrative proceedings against members of the SIJUPU executive committee and the amparo application relating to the dismissal of the SIJUPU General Secretary will be settled in the very near future. The Committee recalls that justice delayed is justice denied [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, para. 105]. the Committee requests the Government to keep it informed in this regard and to send its observations regarding the alleged lack of participation of the SIJUPU in the organization of the Judicial Training Institute.