Rapport intérimaire - Rapport No. 238, Mars 1985

1. 232. The complaint is contained in a communication from the International Confederation of Free Trade Unions (ICFTU), dated 28 August 1984. The ICFTU later sent additional information in communications dated 28 September, 15 October and 6 November 1984. The Government replied in communications dated 17 September 1984 and January 1985.
2. 233. At the same time the complaint was submitted, several international trade union organisations requested the Director-General of the ILO to intercede with the Government in connection with the issues raised in the complaint. The Director-General immediately intervened in response to this request.
3. 234. Nicaragua has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No.087) and the Right to Organise and Collective Bargaining Convention, 1949 (No.098).

A. The complainant's allegations

1. 235. In its communication of 28 August 1984, the ICFTU alleges that on 25 August 1984, the Sandinista police, acting upon instructions from the Minister of the Interior, violently broke into and occupied the headquarters of the Confederation of Trade Union Unity (CUS), during a meeting of the CUS Executive. According to the ICFTU, this occupation resulted in the injury of eight persons and the arrest of a trade unionist, Sara Méndez (Department of Léon) and of her son.
2. 236. The ICFTU points out that, on 18 August 1984, the CUS headquarters had been broken into late at night by a group of persons travelling in a state-owned vehicle and that they had caused damage to the building and to files. This event occurred when the leading officials of the CUS were attending the ICFTU conference on new approaches to the economic crisis in Central America and the Caribbean, held in Cuernavaca (Mexico).
3. 237. In its communication of 20 September 1984, the ICFTU sent the following additional information:
4. On 18 August 1984, a group of approximately 20 persons took over the headquarters of our member organisation, the Confederation of Trade Union Unity (CUS); this group was transported in a state-owned "TELCOR"(Telephone and Postal Services) van, of the 53rd Unit, with the number plates MA-KV-206, and was comprised of persons from various towns and places; it was headed by two delegates of the National Congress of the CUS, Mr. Germán Reyes and Mrs. Victoria García. As the group entered the premises, it broke window panes, tore open documents and files, burnt documents of historic value for the trade union movement and ruined furniture and fittings vital for the day-to-day running of the Confederation. Mr. Germán Reyes and Mrs. Victoria García are connected with the government security forces.Furthermore, Germán Reyes is co-ordinator of the Sandinista Defence Committee, of the 12 September Division, in Chinandega; Victoria García is married to a member of the state security forces. Whilst these events were taking place, most of the leaders of the CUS National Executive were fulfilling trade union duties both inside and outside the country.Those persons occupying the premises stated they had come to demand the CUS to withdraw from the Nicaraguan Democratic Co-ordinating Body, CDN (a body grouping together the CUS, the Confederation of Nicaraguan Workers, three political parties and an employers' association), which at present forms part of the democratic opposition to the Government of Nicaragua. After several days of negotiations with the persons occupying the premises (on 25 August 1984), the latter persisted in their attitude and this culminated in an attack by persons not belonging to the CUS on those who were demanding that the premises be handed over. Indeed, the former, whom eyewitnesses identified as belonging to Sandinista groups, had been lying in wait since the early hours of the morning. There was total confusion and, yet again, the CUS premises was broken into, this time by the Sandinista groups; they broke up doors, windows and desks and struck anyone inside the premises at that time, with the result that more than 20 persons were injured and physically assaulted. Since the morning of Saturday, 18 August 1984, these events had been observed by police pickets strategically placed in the vicinity of the CUS. However, whilst the Sandanista groups were carrying out their attack, the police did nothing to prevent it and only intervened when everything was over. When the police intervened, they arrested two persons: Sara Méndez of the Workers' Trade Union of the Department of Léon and her 15-year old son, whose whereabouts is unknown; furthermore, the CUS headquarters was taken over by the police. The CUS union officials were refused access to the premises.This situation continued for 14 days, during which the CUS offices were exclusively under the control and responsibility of the police and security forces. During this period, the various equipment belonging to the trade union organisation was once again seriously damaged; what is more, all the files were inspected and some of them destroyed. It was only on Friday, 7 December, at 6.15 p.m., that the Sandinista police handed over the premises of the CUS headquarters to those persons who had occupied it in the first place, i.e. Germán Reyes and Victoria García, rather than to the legal representatives. Hours later, these persons left the headquarters without giving notice. In order to avoid any further plundering and destruction, the lawful representatives of the CUS only entered the abandoned building on the following day, where they have remained up to now.
5. 238. In its communication of 15 October 1984, the ICFTU sent a list containing the names of 25 persons who were injured and beaten on 25 August 1984 by persons belonging to the "turbas divinas" (divine hordes).The ICFTU also encloses a statement from Favio Antonio López Ruiz, sworn before a notary, in which he states that he was subjected to pressure by the authorities, contrary to the interests of the CUS, particularly with respect to the events covered in the present complaint. According to López Ruiz, in May 1984, officials from the Ministry of the Interior forced him to pledge in writing that he would be instrumental in breaking up or doing away with independent organisations like the CUS; if he betrayed the orders received, he would pay with his death. Later, on 22 August 1984, an official from the Ministry of the Interior Ernesto Zeledón (Martín) proposed that he should seek out persons belonging to the CUS to support those who had stormed the headquarters of this organisation and who did not belong to the CUS. Later, when Ernesto Zeledón learnt that López Ruiz did not agree with the mission entrusted to him, he forced him to go to Managua; he paid his return fare and López Ruiz arrived in the city on 25 August. At the CUS headquarters, members and non-members of the CUS were present; several CUS members had been forced or tricked into attending by Germán Reyes and Victoria García de Castillo. A meeting was being held on that day and, when the parties present failed to reach an agreement, several persons began to attack the true members of the CUS, inflicting injuries on the members and partially destroying the CUS headquarters.
6. 239. Finally, in its communication of 6 November 1984, the ICFTU alleges that on 30 October 1984, José Agustín Téllez, Secretary-General of the Federation of Peasant Workers in Carazo (FETRACAMCA), was arbitrarily arrested. According to the ICFTU, this arrest is part of the campaign carried out by persons belonging to the Sandinista National Liberation Front (FSLN) to destroy or divide the CUS and its member organisations.

B. The Government's reply

1. 240. The Government states that the headquarters of the Confederation of Trade Union Unity (CUS) were occupied by members of the CUS itself (including leading officials) as a protest against certain policies followed by some of the leaders. According to the Government, this was a problem within the CUS itself, caused by divided opinions amongst its members as to whether the CUS should remain within or withdraw from the political opposition grouping known as the Democratic Co-ordinating Body "Ramiro Sacasa".Later, there were various disputes, still amongst the CUS members themselves, which led to disorderly brawls. These differences of opinions finally resulted in the violent occurrences of 25 August 1984. The violence reached such a pitch that those involved brandished steel blades and blunt instruments. A woman brandishing a knife, as well as her son who was carrying a cudgel, were arrested by the police whilst they were attacking several members of the CUS. They were released several hours later. Before these events occurred, the residents in the town, the organisation's rank and file and some of the leading officials had requested the Sandinista police to take over the organisation's equipment for safe keeping, whilst a solution was found to the dispute which had arisen amongst its leaders, as a group of CUS members were threatening to damage the equipment. Once the problem had been resolved, on 7 September 1984, at 6.15 p.m., the second in command of Unit IV of the Sandinista police formally handed over the CUS headquarters to Germán Reyes Monjarrez (disputes secretary) and Victoria García de Castillo (secretary of the national women's movement); the latter signed a document in which they stated that they had taken possession of the said organisation's assets in the state in which they had been handed over to the police and that they were entirely satisfied. Later, both these officials were expelled from the organisation, as they both held opinions which clashed with those of the Secretary-General and the political secretary of the CUS. The Government states that it does not consider that it has infringed Convention No. 87 in any way and that the police were only doing their duty.
2. 241. In the press cuttings sent by the Government, it is mentioned that, on 7 September 1984, the CUS headquarters was handed over to Germán Reyes and Victoria García. Other members of the CUS Executive who had taken part in the negotiations for the return of the premises were not present when they were handed back, apparently because they were involuntarily delayed.

C. The Committee's conclusions

1. 242. The Committee notes that in the present complaint, the complainant alleges that the CUS headquarters were occupied on two occasions. They were first occupied by a group of about 20 persons on 18 August 1984. On the second occasion, they were occupied by the police on 25 August 1984 after groups had first broken in; upon entering, the police arrested a trade unionist (Sara Méndez) and her 15-year old son. The complainant alleged that when certain groups violently broke into the headquarters, 25 persons were injured and there was considerable material damage; it also alleges that both during the first period of occupation and the second period of occupation by the police, the premises suffered material damage and documents were destroyed. The Government replied that, on the first occasion, the premises were occupied by members of the CUS, including members of the Executive, as a protest against certain policies carried out by some of the leaders; it added that, at a later date, there were various disputes amongst CUS members which resulted in disorderly brawls; indeed, before this situation arose, the organisation's rank and file and some members of the Executive had requested the police to take over the CUS assets for safekeeping. The two persons arrested for attacking CUS members with steel blades and blunt instruments were only detained for a few hours. The CUS assets were handed over by the police on 7 September 1984 to two members of the Executive.
2. 243. The Committee notes that the Government considers the alleged occurrences to be a reflection of the problems inside the CUS itself; indeed, there are conflicting opinions within the organisation as to whether it should remain in or withdraw from the political opposition grouping "Coordinadora Democrática Ramiro Sacasa". However, the complainant's version of the facts stresses that they were the outcome of interference by public officials, aimed at bringing about the CUS's withdrawal from the Democratic Co-ordinating Body. The complainant backs up this version by stating that the first group of persons to occupy the CUS were travelling in a state-owned van; furthermore, it was headed by two persons connected with the government state security services, Germán Reyes and Victoria García (though it acknowledges that they were leading officials of the CUS). As further evidence, the complainant also submitted a statement from a former legal adviser to the CUS, sworn before a notary, in which he attests that he was subjected to threats and pressures to carry out actions aimed at eliminating the CUS. In particular, the former legal adviser maintains in the statement: (1) that an official from the Ministry of the Interior proposed that he seek out persons belonging to the CUS to support those who had taken over the headquarters of this organisation, and who did not belong to the CUS; (2) that he was obliged to go to the CUS headquarters on 25 August 1984 (evidently with a view to supporting those occupying the premises), where he encountered members and non-members of the CUS; (3) that there was a meeting on the same day and, as the parties present failed to reach an agreement, several persons began to attack the true members of the CUS; as a result, injuries were inflicted on the members and the offices of the CUS headquarters were partially destroyed.
3. 244. With respect to the allegation that trade unionists had been beaten and injured on 25 August 1984 at the CUS headquarters, the Committee notes that, according to the complainant, the police had done nothing to avoid the attack by certain groups, in spite of the fact that they were in the vicinity of the CUS headquarters, intervening only when everything was over.
4. 245. In order to be able to make a pronouncement on the allegations in full knowledge of the facts, the Committee requests the Government to send it its specific observations on the complainant's allegations that the CUS had been occupied on successive occasions as a result of interference by public officials and to reply to the allegation that the police, in spite of being in the vicinity of the CUS headquarters on 25 August 1984, did nothing to avoid the attack by certain groups, intervening only when everything was over. However, the Committee would point out that the climate of violence which forms the background to some of the allegations can only impede the free exercise of trade union rights.
5. 246. Finally, the Committee requests the Government to reply to the allegation concerning the arrest of José Agustín Téllez, Secretary-General of FETRACAMCA.