Effect given to the recommendations of the committee and the Governing Body - Report No 333, March 2004

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

1. 53. The Committee last examined this case at its November 2003 meeting. On that occasion, on examining allegations concerning violent acts perpetrated against strikers and workers, the Committee deplored the violent acts perpetrated against strikers and workers at the Los Alamos ranch in May 2002 and requested the Government to communicate the text of the ruling handed down. It also hoped that those who had suffered injury or loss of property would be properly compensated [see 332nd Report, paras. 536-550].
2. 54. In a communication dated 15 December 2003, the Government states that as soon as the abovementioned events at the Los Alamos ranch came to light, the Prosecutor of the city of Naranjal handed down instruction No. 050-2002 against Mireses Obando, Carlos Bahamonde, Temistocles Navas, Angel Estrada, Hernán Nazareno, Roger Ducan, Marcos Galarza, Findley Gallegos, Carlos Cabindo, Mauro Sánchez, Arístides Lara, José Barroso and Víctor Argoti, for the offences of injury and illegal possession of arms. Following various formalities, the Prosecutor pressed charges and the judge issued a committal order against the abovementioned accused as being responsible for the offence defined in article 162 in agreement with article 470 of the Penal Code. The abovementioned order was challenged by the accused by way of appeal proceedings, by reason of which the Fifth Division of the Court of Justice of Guayaquil revoked it handing down a dismissal order.
3. 55. The Committee notes this information. The Committee deeply regrets that the serious acts of violence (12 workers wounded; two of them seriously), ill treatment and acts of aggression against trade unionists and against their property at the Los Alamos ranch dating back to May 2002, have remained unpunished following the dismissals handed down by the judicial authority. In this regard, the Committee requests the Government to continue taking measures to punish those responsible for the acts of violence in question and to ensure that the victims are properly compensated.