Follow-up information requested from Governments - Report No 357, June 2010

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

1. 114. The Committee last examined this case, relating to the trial and sentencing in the first instance for “breach of trust” of the three presidents of the trade union confederations, the United Confederation of Workers (CUT), the Paraguayan Confederation of Workers (CPT) and the Trade Union Confederation of State Employees of Paraguay (CESITEP), Mr Alan Flores, Mr Jerónimo López and Mr Barreto Medina, at its June 2009 meeting [see 354th Report, paras 180–182]. On that occasion, the Committee deeply deplored the significant amount of time that had elapsed since the initiation of legal proceedings (more than 12 years), urged the Government to take all the necessary measures to ensure that the legal proceedings would be concluded in the very near future and requested it to ensure that the guarantees of due process were respected. The Committee also requested the Government to keep it informed of the final ruling handed down in the case.
2. 115. In its communication of 19 June 2009, the Government indicates that: (1) the case before the law courts of Paraguay is entitled: “Edgar Cataldi et al. on charges including fraud”; (2) Mr Reinaldo Barreto Medina, Mr Alan Flores and Mr Jerónimo López, jointly with other accused persons, submitted a petition for the limitation of actions against final judgement No. 49 of 8 October 2001, handed down by the criminal judge of justice enforcement No. 7; (3) on 4 June 2009, the Criminal Court of Appeal, First Division, handed down decision and ruling No. 37 consisting of a total of 404 pages, and in its judgement the petitions for limitations were rejected and the remedy of annulment dismissed; and (4) the remaining points of the first instance judgement appealed against were upheld (decision and ruling No. 49 of 8 October 2001). To conclude, the sentence handed down by the judge of first instance remains in force.
3. 116. The Committee notes this information. The Committee requests the Government to inform it of the status of judicial proceedings against the trade union officials in question, and to indicate whether any further appeals have been lodged in the case.