Rapport définitif - Rapport No. 129, 1972

1. 34. The complaint lodged by the World Confederation of Labour is contained in two communications, dated 18 May and 24 June 1971, and the complaint of the Federation of Printers of Buenos Aires in two communications dated 9 June and 13 July 1971. These communications were transmitted to the Government, which furnished its observations on 9 August, 8 November and 8 December 1971 and 10 January 1972.
2. 35. Argentina has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 36. The various communications from the complainants refer to the fact that Mr. Raimundo Ongaro, a printers' leader and General Secretary of the General Confederation of Labour of Argentinian Workers (of which the Federation of Printers of Buenos Aires is a member) and substitute member of the ILO Governing Body, was arrested by the police on 13 May 1971. He was imprisoned by virtue of a Presidential Decree, No. 11054/71, which was issued in accordance with the powers conferred upon the President by article 23 of the Constitution. Although, according to one of the complainants, there is no specific charge against Mr. Ongaro and some government representatives are said to have stated that his imprisonment was due to supposed subversive activities (an accusation refuted by Mr. Ongaro), another of the complaints states that criminal proceedings have been instituted against him before the Federal Court of Resistencia (in the province of Chaco) for offences of incitement to violence and rebellion.
2. 37. The complainants also refer to the various trials undergone by Mr. Ongaro in the past, always charged with political offences or with offences related to political matters, in which the judge dismissed the case. Mr. Ongaro's present imprisonment is the second to which he has been subjected, being held at the disposal of the Executive; the first period of imprisonment lasted from 30 June to 30 November 1969. According to the complainants, all these facts constitute proof that Mr. Ongaro is the victim of arbitrary persecution designed to induce him to give up his constant activities on behalf of the workers and of the deprived classes of Argentina. This persecution, it is alleged, takes many forms: trials for which, as the judgements subsequently show, there was no legal justification, imprisonments at the disposal of the Executive and abductions by the police.
3. 38. In its first communication, dated 9 August 1971, the Government refers to certain statements made by Mr. José Rucci, General Secretary of the General Confederation of Labour of the Republic of Argentina, to the effect that the only leader called Ongaro is a political leader, and, consequently, not a workers' leader. According to the Government, this statement by the highest authority in the trade union sphere shows Mr. Ongaro's lack of representativity and implies that he is not covered by the safeguards enjoyed by genuine trade union leaders.
4. 39. Having been requested to send more specific information with regard to the charges against Mr. Ongaro, the reasons for his imprisonment, and his position before the law and in relation to the penal procedure, the Government sent a further communication on 4 November 1971. In this communication the Government states that, when Mr. Ongaro decided to devote himself to political activities, he voluntarily withdrew from the trade union sphere, in which he holds no post whatsoever in any of the organisations connected with Argentinian trade union affairs. The Government goes on to say that this situation has been confirmed by the leaders of the Confederation of Labour of the Republic of Argentina, who are the sole legal representatives of the Argentinian workers. With regard to the precise information for which it has been asked, the Government states that Mr. Ongaro was arrested for having repeatedly made public statements inciting the people to violence, rebellion and revolution and adds that a further reason for his arrest was the investigation into alleged acts which were calculated to put his words into action. To give a better idea of the situation, the Government encloses photocopies of various newspaper articles which, it states, show that Mr. Ongaro was engaged in activities of a political, rather than of a trade union, nature.
5. 40. The Government goes on to say that Mr. Ongaro was imprisoned by virtue of an Executive Decree which was issued in accordance with article 23 of the Constitution. The terms of this article are as follows: " In the event of an internal upheaval or attack from outside the country, placing in jeopardy the implementation of this Constitution and the exercise of the authority conferred thereby, a state of emergency shall be declared in the province or territory where the disturbance has broken out, involving the suspension in that province or territory of the guarantees embodied in the Constitution. Throughout the period of suspension, however, the President of the Republic may not pronounce judgement or sentence on his own account. His power in such cases shall be limited, in the case of individuals, to ordering their arrest or transfer from one place within the country to another, unless they prefer to leave Argentinian territory."
6. 41. The Government concludes by stating that the State Prosecutor has arranged for the case to be brought before the judicial authorities of the province of Chaco, which have requested the Executive to have Mr. Ongaro transferred into their jurisdiction for his trial in accordance with the relevant judicial procedure. Consequently, the Government adds, it is obvious that the competent Argentinian authorities have acted in accordance with the procedural and statutory provisions in force, which are designed to ensure the maintenance of law and order in the country, which might be seriously undermined by such openly subversive attitudes as those advocated by Mr. Ongaro.
7. 42. In a subsequent communication, dated 8 December 1971, the Government provides further information, according to which Mr. Ongaro was remanded in custody by the judicial authorities, charged with incitement to rebellion, an offence punishable under article 209 of the Penal Code. The charges are based on statements made by Mr. Ongaro in the town of Resistencia (in the province of Chaco) on 7 May 1971, in the presence of journalists.
8. 43. Lastly, in its communication dated 10 January 1972, the Government states that the President of the nation, in response to a request made by the General Confederation of Labour of the Republic of Argentina, has ordered Mr. Ongaro's release.

B. B. The Committee's conclusions

1. 44. The Committee observes, as regards the functions of Mr. Ongaro, that although the Government maintains that he withdrew voluntarily from the trade union sphere, occupying no post whatsoever in the organisations connected with " Argentinian trade union affairs " (in support of which the Government quotes certain statements made by the General Secretary of the General Confederation of Labour of the Republic of Argentina), on the other hand the complainants (and available information derived from the press) refer to Mr. Ongaro as a printers' leader and General Secretary of the General Confederation of Labour of Argentinian Workers, a different organisation from that just mentioned.
2. 45. As regards Mr. Ongaro's position from the legal point of view, the Committee notes from the information supplied that he was arrested by order of the Executive and held at the disposal of the latter by virtue of the powers conferred on it by the Constitution in the event of a state of emergency and that, at the same time, the judicial authorities had remanded him in custody on charges under the Penal Code.
3. 46. With regard to measures of detention during a state of emergency, the Committee wishes to recall that although it has always refrained from expressing an opinion on the political aspects of a state of emergency, it has emphasised that such measures should be accompanied by adequate judicial safeguards applied within a reasonable period and that a person under arrest should be afforded the guarantee of regular judicial proceedings with the least possible delay.
4. 47. The Committee has examined the press reports furnished by the Government and containing the statements made by Mr. Ongaro on 7 May 1971. Most of these refer to matters of a political nature.