Informe en el que el Comité pide que se le mantenga informado de la evolución de la situación - Informe núm. 233, Marzo 1984

Caso núm. 1230 (Ecuador) - Fecha de presentación de la queja:: 02-SEP-83 - Cerrado

1. 187. The complaint is contained in a joint communication from the International Confederation of Free Trade Unions (ICFTU) and the International Federation of Plantation, Agricultural and Allied Workers (IFPAAW), dated 2 September 1983. The Government replied in a communication of. 8 December 1983.
2. 188. 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. The complainants' allegations

1. 189. The complainants allege that on 17 June 1983, Mr. Pedro Cuji and Mrs. Felipa Pucha, leaders of the trade union organisation in the Indian Community Culluctuc (Province of Chimborazo), were murdered and that Jose, Chilliquinga, Maria Chilliquinga and Susana Yumbillo, members of the above-mentioned Community, were seriously injured.
2. 190. According to the complainants, these regrettable incidents are the outcome of a longstanding dispute between the landowner Salvador Santos Rovalino and the trade union organisation within the Community over land which the Indians use for grazing their animals (bordering on Mr. Santos' land), which the latter claims is his property.
3. 191. The complainants explain that on 16 June 1983, the Regional Manager of the Ecuadorian Institute of Agrarian Reform, the trade union organisation of the Culluctuc Community and Mr. Santos attended a hearing in connection with the existing dispute; no agreement was reached in so far as Mr. Santos only offered 100 hectares of wasteland whereas the peasants were demanding 600 hectares, to which they are entitled in state deeds. The estate covers an area of 1,800,000 hectares, of which the majority is unfarmed.
4. 192. The complainants allege that on 17 June 1983, Mr. Santos persuaded the Commander of the Chimborzo police to order a police contingent, made up of Lizardo Pilco, Segundo BolaMos and Pedro Azacubi, under Officer T. Zambrano, to accompany Mr. Santos and evict the members of the Community from the land he claimed was his. On the way, the members of the police became inebriated and it was in this state that they arrived in the Indian Community. The police insulted and threatened the Indians, starting to hit them with the butts of their weapons and assaulting them. Some of the members of the Community resisted this attack, to which the police retaliated by firing shots. The above-mentioned persons were killed or injured as a result of these shots fired by the police.

B. The Government's reply

1. 193. The Government states that there is a dispute between the owner of the Culluctuc estate, Mr. Ricardo Santos, and the peasants belonging to the Culluctuc San Jacinto de Yaguachi Community which is being dealt with through the corresponding legal channels before the Ecuatorian Institute of Agrarian Reform and Settlement (IERAC). The Government alleges that on 17 June 1983, the authorities were informed of an incident which had occurred on the Culluctuc estate involving, the owners of the estate, local peasants and members of the National, Police Force; this incident had regrettably resulted in the death of, the peasants Felipa Pucha and Pedro Cuji.
2. 194. The Minister of the Government and Police immediately ordered that the Under-Secretary of the Government carry out the fullest possible investigation of the events which had occurred. The inquiry revealed that there were circumstances which might lead to the conclusion that the presence of members of the National Police Force, in exercise of their specific duties, might have some relationship with the death of the two peasants. As a result, the Minister of the Government and Police handed over the documentation on this case to the Prosecutor of the National Police so that he might, if necessary, initiate criminal proceedings.
3. 195. The Government adds that, at the present moment, criminal proceedings are under way at the Second Criminal Court of Chimborazo Province. The Government submitted the documentation on the measures, undertaken by the Ministry of the Government concerning the case, as well as the reports drawn up by the competent authorities, including a report from the Under-Secretary of the Government; some of the most significant paragraphs in this report follow here below:
   • "There is a dispute between the owner of the estate, Mr. Salvador Santos, and the peasant members of the 'Culluctuc San Jacinto de Yaguachi Community' which, according to the peasants and their lawyer, arose because the owner had forbidden them to use part of the wasteland to graze their animals; the peasants were under the impression that not only had they right of possession over this land but that this right was also recognised by a title deed. Dr. Jorge Pinto, Regional Director of the IERAC, acknowledged that there was indeed a dispute and stated that his administration had received several complaints both from the owner and from the peasants. As this dispute had grown more serious, the owner offered the peasants 100 hectares of land or individual lots.
   • On Thursday 16 June, the day preceding these regrettable incidents, the IERAC carried out an inspection of the land offered by the owner. Mr. Santos was not present at the inspection but was represented by his sons. Several hundreds of peasants were there during the inspection and, according to the report, no problems arose.
   • During the night of the 16th, states Mr. Luis Garcia, Steward of the estate, some 150 peasants attacked his house, neighbouring the owner's house, breaking down the door, hitting him and taking away the sum of 3,000 sucres and a shotgun.
   • This same night, Mr. Salvador Santos declares that he went to the police headquarters at Riobamba to report this incident, demanding that the police forces should intervene. He was told that the matter would be dealt with on the following day.
   • Indeed, early in the morning of Friday 17 June, Mr. Santos lodged a verbal complaint of assault and breach of domicile on the estate. Police Colonel José Ricardo Espinoza Oleas ordered Lieutenant Leoncio Ascázubi, together with Sergeant José Bolaños and Police Constables Pedro Pilco and Hugo Vallejo, to go to the Culluctuc estate; they left, accompanied by Mr. Salvador Santos and his sons, at approximately 9 a.m.
   • In Lieutenant Ascázubis police report, Lieutenant Ascázubi, Sergeant José Bolaflos and Police Constable Pedro Pilco each gave an account of the facts which differed very little. In other words, they proceeded to the estate without encountering any difficulties,' passed in front of the Community Hall, situated 500 meters from the owner's house, remarked nothing in particular and arrived on the spot at approximately 10.]5 a.m., where several peasants were grazing their sheep. Upon entering the house of the steward, whom they found lying in bed, they noted that the front door had been broken in and that Luis Garcia had been beaten; these facts had occurred during the previous night. It took nearly quarter of an hour to note and write' down these observations. When they wished to leave the house and return (most probably to the city of Riobamba), they realised that about 600 peasants had gathered and they preferred to go into one of the rooms in the owner's house; according to the police report, most of the peasants were 'in an advanced state of inebriation and extremely aggressive, armed with clubs, spikes, whips and pick axes; faced with this situation, we tried to push them away, but they took advantage of this opportunity to attack us and snatch our weapons, taking with them our rifles, tear gas, helmets and coats; we also noticed that they had dragged the Police Constable Hugo Vallejo away with them; a few seconds later, we heard several gunshots, which made us believe that they had killed Vallejo; indeed, the Indians were in possession of the weapons they had snatched from us in the house and we could not even approach the windows because of the stones and sticks they were hurling at us, whilst also screaming abuse'. This police account would seem to infer that the peasants had broken down the door of the room in which they had taken refuge, seized all the weapons and managed to drag the police constable outside; the other police officers were inside the room when they heard the gunshots and thought that they had fired on Vallejo. We are adding this note, which is a summary of the account recorded on tape, because of the importance of these particular incidents and, above all, because of the conflicting accounts and documents. Lieutenant Ascázubi, Sergeant José Bolaños and Police Constable Pedro Pilco go on to say that they remained imprisoned until 2.30 p.m., at which time Major Antonio Velástegni armed with a detachment released them. Upon leaving the house, they saw that Constable Vallejo, although his uniform was torn and he was completely covered in blood, was still alive and several of his colleagues carried him to the police vehicle. When they returned to Riobamba, they were informed about the death of the two peasants. In Major Velástegui's police report, he points out that the peasants, upon his request, had returned all the weapons, except for the loader of a rifle and a revolver.
   • There are several versions of these incidents. The leaders of the FETEIC and Dr. Guillermo Falconá, the peasants' lawyer, give this account: a little before 10 a.m., Mr. Santos, owner of the estate, drove by in a vehicle accompanied by his sons and four policemen; he stopped in front of the Community Hall, situated less than 1 km from the main house on the estate and informed the members of the Community who were there. "I have come with the police today and I shall kill all those of you, including your animals, I find on my land"; he then continued on his way as far as the estate, where he got out of the car with his sons Alberto and Jaime; accompanied by his employees Manual Azacate and Luis Garcia and the four policemen, he started to insult and attack the peasants who were at that moment passing with their animals on the track which leads from the Culluctuc estate to the wasteland "wounding Maria Chilliquinga, José Chilliquinga and Susana Yumbillo and fatally shooting Felipa Fuchs and Pedro Cuji;. it should be pointed out that both the aggressors and policemen were armed and completely inebriated". This version is upheld by the persons mentioned at the beginning of the paragraph and contained in the complaint made by José Chilliquinga, President of the San Jacinto de Culluctuc Community to Carlos Carpio, Police Superintendent at Chimborazo.
   • Mr. Salvador Santos, owner of the estate, states that he passed in front of the Community Hall together with Lieutenant Ascázubi and that they did not notice anything in particular; upon arriving at the house on the estate, they entered the house of the steward, Luis Garcia, and found him in bed. After about 10 minutes, they noted that many peasants had gathered together but the latter did not approach any further than the courtyard. He and his sons entered the house and heard several gunshots, after which the policemen came crawling into the room; one of the policemen was missing (most probably Hugo Vallejo) who had been forcefully dragged away by the peasants. They all remained imprisoned until 2.30 p.m., when police reinforcements arrived ...".
4. 196. The Government concludes by pointing out that it rejects the complainants' allegations.

C. The Committee's conclusions

1. 197. The Committee notes that in the present case, the complainants allege that on 17 June 1983, the day after an attempt to settle the dispute between the landowner Salvador Santos and members of the Culluctuc Indian Community over the extent of the latter's grazing rights had failed, two trade union leaders from the Community (Mr. Pedro Cuji and Mrs. Felipa Pucha) were murdered and three other members of the Community (José Cnilliquinga, Maria Chilliquinga and Susana Yumbillo), were seriously injured from gunshots fired by the police; the latter had gone to the Community, accompanied by Mr. Santos, to evict the members of the Community from the land claimed by Mr. Santos; these incidents had allegedly occurred when the Indians reacted to the insults, threats and physical assaults on the part of the policemen who were inebriated.
2. 198. However, the Committee notes that, according to the information communicated by the Government, the police had not gone to the Culluctuc estate on 17 June 1983 to evict the members of the Community but following a complaint lodged by Mr. Santos the previous day, in which he maintained that 150 peasants had beseiged the house of the steward on the estate, broken down the door, beaten up the steward and taken away the sum of 3,000 sucres and a shotgun.
3. 199. The Committee notes that there is also a contradiction between the complainants' account and the account given by the police who went to the estate on 17 June 1983, with respect to the circumstances under which the murders and physical assaults were committed. According to the police, about 600 peasants, mostly armed and in an advanced state of inebriation, had allegedly attacked them, taken away their weapons and forcefully dragged one of them away; they had then heard several gunshots; only several hours later, once they had been rescued, had the policemen heard about the death of two peasants. According to this version of the facts, the policemen had neither attacked the peasants, nor had they opened fire on them.
4. 200. The Committee deeply deplores the death of the two trade union leaders of the Culluctuc Community (Mr. Pedro Cuji and Mrs. Felipa Pucha) and the injury of three other members of the said Community. Given the disparity existing between the complainants' account on the events and the information communicated by the Government, it expresses the hope that the legal proceedings under way in the Second Penal Court of Chimborazo will make it possible to identify the persons responsible and to penalise those found guilty.
   • The Committee asks the Government to inform it on the outcome of the legal proceedings undertaken on the alleged incidents.

The Committee's recommendations

1. 201. In these circumstances, the Committee recommends the Governing Body to approve the present report and, in particular, the following conclusions:
   • (a) The Committee deeply deplores the death of the two trade union leaders of the Culluctuc Community, Mr. Pedro Cuji and Mrs. Felipa Pucha, and the injury of three other members of the said Community. Given the disparity existing between the complainants' account of the events and the information communicated by the Government, it expresses the hope that the legal proceedings under way at the Second Penal Court of Chimborazo will make it possible to identify the persons responsible and to penalise those found guilty.
   • (b) The Committee requests the Government to inform it of the outcome of the legal proceedings undertaken on the alleged incidents.