Follow-up information received from Governments - Report No 342, June 2006

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

1. 158. The Committee last examined this case, concerning: (1) the trial and sentencing in 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 332nd Report, paras. 120-124], at its meeting in November 2003. On that occasion, it made the following recommendations: (a) “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 measures taken to that end”; and (b) “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”.
2. 159. In communications dated 31 March and 18 May 2004, the complainant organizations refer to the slowness of the judicial process (which began in June 2000) and to certain irregularities during that process. In a communication dated 7 September 2004, the Trade Union Confederation of State Employees of Paraguay (CESITEP) states that Ms. Florinda Insaurralde has died.
3. 160. In a communication dated 14 December 2005, the Government states, in relation to the allegations concerning the trial of the trade union leaders Jerónimo López, Alan Flores, and Reinaldo Barreto Medina, that the case against “Edgar Cataldi and others on charges including fraud” began in March 1988 following an investigation into the administration of the National Workers’ Bank (BNT). In the ruling handed down in first instance, the then judge Hugo López sentenced some 23 persons to terms of imprisonment of ten, seven and four years for their part in embezzling bank assets, those persons including the former bank president Edgar Cataldi, who received the maximum sentence, along with the other former bank administrators. The judge in his ruling concluded that losses incurred by the bank as a result of this amounted to 120 billion guaraníes. An appeal was lodged against the ruling before the Appeals Chamber. The trade unionists who were sentenced have sought to have the legal proceedings annulled on the grounds that they related to debt. After several months of investigation, the appeal was rejected, and the defence again appealed against that decision. This was also unsuccessful on the grounds that the period allowed had elapsed, and the plaintiffs then appealed again in mid-2005. Faced with this situation, the Appeals Chamber referred the case to the Supreme Court of Justice, which means that examination of the original sentences has again been postponed until the appeal is decided. The Government adds that, in December 2003, Alan Flores, Jerónimo López and Reinaldo Barreto Medina applied to the court to suspend the precautionary measures imposed on them (house arrest), basing their application on article 19 of the National Constitution and sections 236, 250 and others of the Code of Criminal Procedure. The First Chamber of the Criminal Court of Appeal on 31 December 2003 upheld the application and consequently suspended the measures imposed on the trade union officials, leaving the workers concerned at liberty but ordering them to report any change of address or travel outside the country in writing to the courts and police.
4. 161. The Committee takes note of the information communicated by the complainant organization and the Government. In particular, the Committee notes with interest that, on 31 December 2003, the judicial authority cancelled the prevention detention of the trade union officials in question, who are currently at liberty. The Committee expresses the hope that the judicial proceedings initiated against these trade union officials will be concluded in the near future, and requests the Government to keep it informed of the final ruling handed down in this case.