Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 336, Marzo 2005

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

1. 36. The Committee last examined this case at its March 2004 session and at that time requested that the Government keep it informed of the outcome of the legal proceedings with regard to the union officials Mr. Rodolfo Jiménez Morales and his wife Ms. Kenya Mejía Murillo and their disassociation from the National Insurance Institute (INS). The Committee also requested that the Government inform it of the outcome of the proceedings for defamation against Rodolfo Jiménez Morales [see 329th Report, para. 542, approved by the Governing Body at its 289th session (March 2004)].
2. 37. The National Association of Public and Private Employees (ANEP), in its communications of 20 February and 12 April 2004, states that on 24 July 2003 an application was made for enforcement of constitutional rights in the Constitutional Chamber of the Supreme Court of Justice to restore the rights to freedom from persecution and the right to work of Mr. Rodolfo Jiménez Morales. This application was rejected on legal grounds by the Constitutional Chamber leaving it to the ordinary industrial courts to pass sentence. Subsequently, Mr. Rodolfo Jiménez Morales applied for a writ of habeas corpus for the order to arrest and imprison put out for him at the time, but this application was declared to have no grounds. The ANEP also alleges persecution against Ms. Kenya Mejía, Mr. Rodolfo Jiménez Morales wife, who was dismissed from her new job at the Banco Popular because her immediate superior alleges that the good relationship between said organization and the National Insurance Institute was at risk. Ms. Kenya Mejía made an application for enforcement of constitutional rights in the Constitutional Chamber in order to be reinstated. The Constitutional Chamber admitted the application and established temporary reinstatement until a legal ruling was made. However, the authorities at the Banco Popular did not recognize this order and proceeded to dismiss her, but this time without management responsibility, protected by the presumption that the Constitutional Chamber would again reject the application on legal grounds.
3. 38. The ANEP condemns the tardiness and inefficiency of the reparation proceedings in the administration of labour justice for anti-union activity and states that the current judicial applications regarding Rodolfo Jiménez Morales and his wife Kenya Mejía Murillo will take years.
4. 39. The Government, in its communications of 25 August 2004 states, on the subject of the outcome of the legal proceedings with regard to the officials Mr Rodolfo Jiménez Morales and his wife Kenya Mejía Murillo, that they are ordinary labour proceedings in which no ruling of first instance has yet been given.
5. 40. Regarding the outcome of the legal proceedings for defamation against Mr. Rodolfo Jiménez Morales, the Government points out that this is a matter of a private nature for which it would be necessary to request information from the complainant when a judicial decision is made. In addition, this action was brought by Mr. Cristobál Zawadski Wojtasiak in a personal capacity and not in his capacity as executive director of the National Security Institute, which is why, in the opinion of the Government, the Committee should not deal with this matter.
6. 41. The Government states, regarding the application for enforcement of constitutional rights brought by Mr. Rodolfo Jiménez Morales referred to by the ANEP, that this application was rejected because it corresponded to ordinary jurisdiction; therefore, passing a verdict on the matter could interfere with the jurisdiction of the ordinary courts. Regarding the application for a writ of habeas corpus for the order to arrest and imprison in the first instance (a matter that the Committee had already examined), in relation to the action for defamation against Mr. Rodolfo Jiménez Morales; this application for a writ of Habeas Corpus was rejected because the Penal Court of Justice of the First Justice Circuit of San José declared it to be defaulting in the terms of article 89 of the Code of Penal Procedure by virtue of the fact that the defendant was not able to appear, even though every effort was made.
7. 42. The Government states, regarding the application for enforcement of constitutional rights brought by Ms. Kenya Mejía Murillo, that the plaintiff was indeed reinstated; however, she was dismissed from the new organization where she worked due to unjustified absence. From the ruling it seems that there is no reason why this would be an unfair dismissal, as it was noted that her last sick note covered the period from 9 to 13 June 2003 and the appellant did not come to work in the days subsequent to 13 June of that year, thus absenting herself unjustifiably.
8. 43. Regarding the lawsuit for defamation against Mr. Rodolfo Jiménez Morales, the Committee emphasizes that although the Government states that this is a private dispute, given Mr. Rodolfo Jiménez Morales position as a trade union official and Mr. Cristóbal Zawadski Wojtasiak's position as executive director of the National Insurance Institute, it believes it necessary to examine the outcome of the legal proceedings in order to determine whether said official's testimony went too far.
9. 44. The Committee reiterates its previous recommendations, requests the Government to keep it informed of the outcome of the legal proceedings with regard to the officials Mr. Rodolfo Jiménez Morales and his wife Ms. Kenya Mejía Murillo; the Committee requests the Government to inform it of the outcome of the proceedings for defamation against Mr. Rodolfo Jiménez Morales and expresses the hope that the procedures in question will be concluded soon.