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Effect given to the recommendations of the Committee and the Governing Body
Effect given to the recommendations of the Committee and the Governing Body- 77. The Committee last examined this case at its March 2013 meeting, when
it made the following recommendations [see 367th Report, para. 1294]:
- (a) Bearing in mind the considerable delay in the negotiation
process, the Committee expects the collective agreement between SUNEP-CVG and the
Corporación Venezolana de Guayana to be signed as soon as possible and once again
requests the Government to keep it informed of developments without delay.
- (b) Regarding the alleged (provisional) arrest and criminal
prosecution of SUTRA-CVG union officials Ronald González and Carlos Quijada and of
trade unionists Adonis Rangel Centeno, Elvis Lorán Azocar and Darwin López, the
Committee urges the Government once again to draw the judicial authority’s attention
without delay to the need for it to take duly into account the fact that the trade
unionists concerned were engaged in a peaceful demonstration to demand compliance
with the collective agreement, and requests the Government to communicate to it
without delay the sentence that is handed down.
- (c)
Regarding the alleged criminal prosecution of SUTISS-Bolívar union leaders (Juan
Antonio Valor, Leonel Grisett and Jhoel José Ruiz Hernández) and the criminal
prosecution of employees of Camila CA in 2006 (Richard Alonso Díaz, Osmel José
Ramírez Malavé, Julio César Soler, Agdatamir Antonio Rivas, Luis Arturo Alzota
Bermúdez, Argenis Godofredo Gómez and Bruno Epitafio López), the Committee requests
the Government to communicate to it without delay the sentence handed down on the
said union leaders and employees and, bearing in mind that the incidents date back
to 2006 and that the trade unionists involved are required periodically to present
themselves before the judicial authority, trusts that the sentence will be handed
down very soon. The Committee recalls that a delay in the administration of justice
is tantamount to a denial of justice.
- (d) Regarding the
alleged brutal repression by the national guard and police of the State of Bolívar
of a gathering of steelworkers from Ternium-Sidor who were demanding improvements to
the collective agreement under negotiation, which resulted in injuries to several
people, dozens of criminal prosecutions and the destruction by the authorities of 32
vehicles belonging to the workers (according to the Government, a group of some
80 workers was blocking the traffic with private vehicles, burning tyres and
throwing heavy objects at members of the national guard unit, injuring several
officers), the Committee takes note that the judicial authority ordered the
unconditional release of the workers who had been charged and again requests the
Government to conduct an inquiry without delay into the allegations that the police
used excessive force and caused serious injuries and damage to property.
- (e) The Committee regrets once again the delay in the criminal
proceedings brought against the trade union leader Mr Rubén González (which have
resulted in repeated restrictions of his free movement) and requests the Government
to provide it with a copy of the judgment that is handed down after the initial
sentence was declared null and void by the Supreme Court of Justice because it
lacked sufficient grounds. Finally, the Committee reiterates the recommendation it
made when it first examined the case, considering that the charges against Ruben
González do not justify his preventive detention or house arrest for years prior to
the present interim measures, and requests the Government that he be compensated for
the damages suffered.
- 78. The Committee notes a communication dated 18 May 2013 signed by many
organizations expressing their support for the complaint presented by the Venezuelan
Corporation of Guyana (SUNEP–CVG).
- 79. In its communication dated 8 October 2013, the Government informs the
Committee that the criminal prosecution of SUTRA–CVG trade union leaders, Ronald
González and Carlos Quijada, and trade unionists, Adonis Rangel Centeno, Elvis Lorán
Azocar and Darwin López, is at the preparatory stage, where the necessary and relevant
steps are being carried out in order for the final report to be issued (the Committee
recalls that the said defendants, who are not incarcerated, were charged with unlawful
association and restricting freedom of work). The Committee regrets that to date the
Government has not been able to provide information that a judgment has been handed down
in relation to those trade unionists despite the time that has elapsed. Further, the
Committee recalls that in its previous examination of the case, it urged the Government
to draw the judicial authority’s attention without delay to the need for it to take duly
into account the fact that the trade unionists concerned were engaged in a peaceful
demonstration to demand compliance with the collective agreement. The Committee
reiterates the conclusions it reached when it previously examined the case and requests
the Government to communicate without delay the judgment handed down in relation to
those trade unionists.
- 80. Regarding the criminal prosecution of trade union leaders and trade
unionists from SUTISS– Bolívar, Juan Antonio Valor, Leonel Grisett and Jhoel José Ruiz
Hernández, and of workers of the Camila CA enterprise, Richard Alonso Díaz, Osmel José
Ramírez Malavé, Julio César Soler, Agdatamir Antonio Rivas, Luis Arturo Alzota Bermúdez,
Argenis Godofredo Gómez and Bruno Epitafio López in 2006, the Government reports that
the Second Attorney-General’s Office of the Second Judicial Circuit of Bolívar State and
the 59th Attorney-General’s Office at the national level with full competence submitted
charges and that the public oral hearing was scheduled for 13 October 2013 (the
Committee recalls that the defendants, who are not incarcerated, were charged with
second-degree misappropriation of funds, restricting freedom of work and taking the law
into their own hands). The Committee regrets that to date the Government has not sent
any up-to-date information on the proceedings concerning the facts dating from 2006. The
Committee once again requests the Government to provide without delay information on the
decision handed down in relation to the said trade unionists.
- 81. The Committee recalls that, in its previous examinations of the case,
it had requested that the Government carry out an investigation into the allegation that
the police used excessive force on 14 March 2008 against a gathering of steelworkers
from Ternium–Sidor who were calling for improvements to the collective bargaining, which
allegedly resulted in serious injuries and property damage (according to the
allegations, the authorities destroyed 32 vehicles). The Committee notes that the
Government states that no criminal investigation was ever launched because the Public
Prosecutor’s Office was never informed of those facts. The Committee invites the
complainant to provide information to allow the Government to carry out an impartial
investigation into the facts and to specify, in particular, whether the instances of
serious injury and property damage were reported to the police.
- 82. In its communication dated 15 May 2014, the Government reports that,
on 23 April 2014, the 24th Court of Justice of the Metropolitan Area of Caracas handed
down a final judgment which acquitted trade union leader Rubén González. The Government
also reports that while the legal proceedings were in progress, González enjoyed full
trade union rights, freely participated in the General Workers Union of Ferrominera
Orinoco (SINTRAFERROMINERA) trade union elections, in which he was elected as the
general secretary, and represented his trade union in discussions regarding the
collective labour agreement. The Committee requests the Government to supply a copy of
the said judgment and to provide information on whether the trade union leader Rubén
González has been compensated for the damages he suffered during the preventive
detention and house arrest to which he had been subject since September 2009.
- 83. Finally, the Committee regrets that the Government has not provided
information on the negotiation process between the trade union SUNET–CVG and la
Corporación Venezolana de Guayana, and requests the Government once again to keep it
informed on the matter.