Rapport intérimaire - Rapport No. 214, Mars 1982

1. 425. The complaint is contained in communications from the Trade Unions International of Transport Workers (TUI TRANSPORT-WFTU) and from the Permanent Congress of Trade Union Unity of Latin American workers dated 24 September and 6 October 1981, respectively. The TUI- TRANSPORT-WFTU sent additional information in a communication dated 11 January 1982. The Government replied by communications dated 25 January and 16 February 1982.
2. 426. Colombia has ratified the Freedom of Association and Protection of the Right to organise Convention, 19u8 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainants' allegations

1. 427. The complainants allege that Luis Carlos Pérez, president of the Chauffeurs' Federation of Colombia and member of the Administrative Committee of the TUI TRANSPORT-WFTU, was detained for engaging in trade union activities and that leaders of the Trade Union of Workers of Public Undertakings of Medellin have also been detained on the sole ground of submitting a set of petitions.
2. 428. In its communication dated 11 January 1982, the TUI TRANSPORT-WFTU points out that thanks to the prompt and appropriate intervention of the International Labour Office the trade union leader, Luis Carlos Pérez was released.

B. The Government's reply

1. 429. In its communication dated 25 January 1982, the Government states that Mr. Luis Carlos Pérez was detained by the military authorities for 40 days following disturbances which took place in the city of Medellin and which were aimed at upsetting public order.
2. 430. The Government adds that Mr. Luis Carlos Pérez is at liberty and that the inquiry which was undertaken revealed that the acts in breach of Colombian public order in which he was involved are not related to his trade union activities or to the free exercise of trade union rights. The Government points out, finally, that Mr. Luis Carlos Pérez was detained in virtue of article 28 of the Constitution, which authorises the Council of Ministers, having secured the opinion of the council of State, to detain person in respect of whom there exist serious grounds for believing that hey are violating public order and the security of the State, and that Mr. Pérez - who has been free since 24 October 1981 - was punished by the Commander of the 4th Brigade in Medellin to 40 days' imprisonment for violating section 7 of Decree No. 1923 of 6 September 1978.

C. The Committee's conclusions

1. 431. The Committee notes the complainants' allegations and the Government's reply and, in particular, the fact that, according to the latter, the president of the Chauffeurs' Federation of Colombia, Mr. Luis Carlos Pérez, was released on 24 October 1981.
2. 432. The Committee observes that, while the complainants have pointed out that Luis Carlos Pérez was detained because of exercising trade union activities, the Government stated that he was involved in acts which were in breach of public order and which were not related to the free exercise of trade union rights, and that he was punished to 40 days' imprisonment by the Commander of the 4th Brigade in Medellin for violating section 7 of Decree No. 1923 of 6 September 1978. In view of the contradictory nature of the complainants' allegations and the Government's reply as regards the reason for the detention, the Committee considers that it does not have sufficient information upon which to come to conclusions on this point. Nevertheless, it notes that according to sections 11 and 12 of Decree No. 1923, the military authority may impose sanctions of up to one year's imprisonment for violation of section 7 by criminal acts after particularly short proceedings. In this respect the Committee draws the attention of the Government to the fact that the Resolution concerning Trade Union Fights and their relation to Civil Liberties (adopted by the International Labour Conference in 1970) includes as one of the civil liberties essential for the normal exercise of trade union rights the right to a fair trial by an independent and impartial tribunal.
3. 433. Finally, the Committee observes that the Government has not replied to the allegation concerning the detention of leaders of the Trade Union of Workers of Public Undertakings of Medellin on the sole grounds of having submitted a set of petitions.