Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 230, Novembre 1983

1. 447. The complaint presented by the Unitary Confederation of Workers (CUT) is contained in a communication dated 20 June 1983. The Government replied in a communication dated 30 August 1983.
2. 448. Costa Rica 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. The complainant's allegations

1. 449. The CUT alleges in its communication of 20 June 1983 that the trade unionists Ricardo Quirós Castro, Edgar Salazar Murillo and Luis Angel Gamboa Venegas were arrested by the metropolitan police on 14 June 1983 as they were putting up posters of the Committee on Central American of Trade Union Unity in the Amón district of the capital. According to the CUT, during the period of their detention, which lasted until almost midnight on 15 June, these trade unionists were subjected to numerous acts of ill-treatment and torture (blows, kicks, threats with dogs, insults, etc.) by officers of the National Security Agency, and remained blindfolded for more than 10 hours and without eating or drinking for more than 20 hours.
2. 450. The CUT includes a copy of the complaint lodged by the above-mentioned trade unionists against the National Security Agency, and which provides a detailed account of what happened.

B. The Government's reply

1. 451. In its communication of 30 August 1983 the Government states that it appears from the files of the Second Agency of the Public Prosecutor, of the Supreme Court of Justice, that the event which led to the arrest of the trade unionists is typical of those covered by legislation in force, in Title VI of the Penal Code referring to violations against property and patrimony, section 384, second paragraph of which reads as follows: "Imprisonment of between three and 30 days and a fine will be imposed for: (2) Notices on walls. On those persons who, for the purposes of advertisement or propaganda and without the permission of the owner or possessor, or of the respective authority, as the case may be, writes or draws on or attaches papers or posters to the exterior part of a building, whether public or private, residential house or wall". On the basis of this legal provision, the trade unionists referred to by the complainant were found guilty of disturbing the peace and defacing public property.
2. 452. Furthermore - the Government continues - it should be stressed that the propaganda in question did not concern a trade union activity in the strict sense of the term but made statements such as "End the foreign invasion in Central America" which are in no way related to trade union matters.
3. 453. As regards the allegations concerning the supposed treatment of the trade unionists during the period of their detention, the Government states that the national security officers accused before the courts say that they fully respected human rights as regards the treatment given to the detainees and that they acted in accordance with the procedure established by regulations of the ministry of Public Security concerning interrogations.
4. 454. However, the Government points out that the proceedings against the security officers in question are still pending in the First Penal Court. At the same time, a detailed enquiry is being held by the Office of Human Rights of the Attorney-General of the Republic, the results of which will be immediately communicated as soon as they are available.

C. The Committee's conclusions

1. 455. The Committee notes that the allegations concern the arrest of three trade unionists (Messrs. Ricardo Quirós, Edgar Salazar and Luis Angel Gamboa) for two days, as well as acts of torture and the unsatisfactory conditions of their detention.
2. 456. The Committee notes that it appears from the allegations and the Government's reply that the event which led to the arrest of the trade unionists was the posting of bills in public places without authorisation, an act which is punishable under the second paragraph of section 384 of the Penal Code by the deprivation of liberty when the fixing of posters is carried out "without the permission of the owner or possessor, or of the respective authority". The Committee accordingly considers that this aspect of the case does not call for further examination.
3. 457. As regards the unsatisfactory conditions of detention and the acts of torture to which these trade unionists were allegedly subjected, and which are described in detail in the complaint lodged, by the latter before the judicial authorities of Costa Rica, the Committee expresses its deep concern at these allegations. The Committee notes that, according to the Government, a detailed investigation is being carried out by the First Penal Court and by the Office of Human Rights of the Attorney-General, the results of which will be transmitted. The Committee hopes that the Government will inform it shortly of the results.