14
17, 1988 and lasted until December 17, 1988.23 As a result of the “radicalization of the
protest measures” and the reaction of the mine owners, “the Government declare[d] a state
of emergency with regard to the activities in the sector, militarized the mining camps, and
authorized the dismissal of the workers who obeyed [the call to strike]. The police broke
into the Federation’s offices.”24
59.
In early 1989, Saúl Cantoral-Huamaní announced to the press that a third national
strike was in the offing. On January 25, 1989, the Government published Act No. 25,009
(the Miners’ Retirement Act), which was one of the points on the list of national mining
demands. This Act recognized the right of the mining iron and steel workers to retire early
and obtain a pension, owing to the high-risks associated with mining activities.25
The threats and attacks against Saúl Cantoral-Huamaní
60.
On August 9, 1988, on the occasion of the first mining strike (supra para. 58), Saúl
Cantoral-Huamaní was kidnapped by armed men who detained him violently, injected him
with a narcotic substance, and took him to a place where he was interrogated.26 According
to a statement made by Saúl Cantoral-Huamaní to a newspaper, this kidnapping was carried
out by the “Rodrigo Franco” paramilitary commando.27
61.
In October 1988, during the second strike (supra para. 58), Saúl Cantoral-Huamaní
reported to a meeting of the General Assembly of the Shougang Hierro Perú Mineworkers
Union that he “ha[d] received threats.28 The declarations by Saúl Cantoral-Huamaní and
newspaper articles indicate that the author of these threats was the “Rodrigo Franco”
paramilitary commando.29
23
Cf. note from the Shougang Hierro Perú S.A.A Mineworkers Union (file of preliminary objection, merits,
reparations and costs, appendix 4 of the final written arguments presented by the State, page 938).
24
Cf. Final Report of the Truth and Reconciliation Commission, supra para. 48, Volume III, Chapter 3(2).
“Trade unions, business associations, and women’s organizations,” p. 345, Report 265 of the Committee for
Freedom of Association of the International Labour Organization with regard to Peru, supra para. 48, para. 525(d)
25
Cf. Note from the Shougang Hierro Perú S.A.A Mineworkers Union (file of preliminary objection, merits,
reparations and costs, appendix 4 of the final written arguments presented by the State, page 939).
26
Cf. Final Report of the Truth and Reconciliation Commission, supra para. 48, Volume VII, Section 2(19)
“The murders carried out by the paramilitary group calling itself the Rodrigo Franco Commando (1985-1990)” (file
of appendixes to the application, Volume I, appendix 2, page 8); Letter from the Shougang Hierro Peru S.A.A.
Mineworkers Union (file of preliminary objections, merits and possible reparations and costs, appendix 4 of the final
written arguments presented by the State, page 939; testimony given by Ulises Cantoral-Huamaní during the
public hearing held before the Inter-American Court on January 23 and 24, 2007; announcement signed by Moisés
Palomino-Salcedo and Saúl Cantoral-Huamaní, President and Secretary of the National Federation of Mining, Iron
and Steel Workers of Peru (FNTMMSP), entitled “!!Exigimos solución and no la represión!! Repudiamos secuestro de
nuestro dirigente!!” [We demand solutions and not repression! We repudiate the kidnapping of our leader!]
published in the “La Voz” newspaper on August 11, 1988 (file of appendixes to the application, appendix 1(19),
page 313); newspaper article entitled: “Secuestran and amenazan de muerte a dirigente minero” published in “El
Nuevo Diario” newspaper on August 13, 1988 (file of appendixes to the application, appendix 1(19), page 313);
newspaper article entitled “Calle del secuestro” published in the magazine “Sí” for the week of February 20 to 27,
1989 (file of merits and possible reparations and costs, page 920); newspaper article entitled “Testigo puede
identificar a los asesinos” published in “Diario La República” on February 15, 1989 (file of appendixes to the
application, appendix 1(1), page 137B); newspaper article entitled “Asesinato de Saúl Cantoral. ¿Quién quiere
matar a la Federation Minera?” published in the magazine “Amauta” during the third week of February 1989 (file of
appendixes to the application, Volume II, appendix 1(1), page 158); newspaper article entitled “¿Quién lo mató?”
published in the magazine “Caretas” of February 20, 1989 (file of appendixes to the application, Volume II,
appendix 1(1), page 175); newspaper article entitled “Crimen es político” published in the magazine “Cambio”
during the third week of February 1989 (file of appendixes to the application, Volume II, appendix 1(1), page 157).
27
Cf. newspaper article entitled “Secuestran and amenazan de muerte a dirigente minero” published in “El
Nuevo Diario” of August 13, 1988 (file of appendixes to the application, appendix 1(19), page 313).
28
Cf. note from the Shougang Hierro Perú S.A.A Mineworkers Union (file of preliminary objection, merits,
reparations and costs, appendix 4 of the final written arguments presented by the State, page 939).
29
Cf. copy on DVD of the declarations given by Saúl Cantoral-Huamaní to national newspaper on his
activities as a union leader and declarations of the [alleged] victim denouncing the dangers inherent in trade union
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