![]() – Concerning the alleged reassessment of the dismissal of Gustavo Silva, the Government states that the archives of the Directorate of the National Inspectorate for the Public Sector do not contain any record of proceedings for misconduct against Gustavo Silva accordingly, no decision has been adopted in this regard.The Committee reiterates its recommendation above on the legitimacy of the strike in the oil industry and considers that, until the Government has proved in each individual case that offences were committed, the union members should be reinstated in their posts. Thus, as already stated, the lawful procedures prescribed by law for such cases were instituted against these workers, who participated in illegal activities incompatible with their functions and duties under the employment relationship, and who therefore could hardly be reinstated in the PDVSA today in posts which they are not lawfully entitled to occupy. – As regards the situation of members of the UNAPETROL trade union, the Government indicates that these former PDVSA employees, who set up UNAPETROL and were senior and middle managers of the oil company, were the same individuals who were involved in the coup d’état in 2002, rejecting the PDVSA board of directors, which had been legally appointed in accordance with the Petroleum Act (Official Gazette No. 37323 of 13 November 2001), and who instigated the illegal and unconstitutional paralysis of the oil industry. ![]() The Committee notes with concern the allegation by UNAPETROL relating to the fabrication of evidence against its officers and requests the Government to send its observations in this regard. The Committee considers that as this has not been done so far, the union officers and members concerned should be able to return to the country with government assurances that they will not be subject to reprisals. Once again, the Committee recalls that the right to strike in the petroleum sector should be recognized, and considers that it is for the Government to prove in each individual case that an offence has been committed involving the overstepping of trade union rights by the union members concerned. Accordingly, as is clear from the above, the competent Office of the Public Prosecutor issued these orders for enforcement by the police however, the persons concerned are now fugitives from justice. On 22 December of the same year, a warrant was requested for the arrest of Gonzalo Feijoo Martínez, Edgar Quijano Luengo, Juan Luis Santana López, Edgar Paredes Villegas and Juan Lino Carrillo Urdaneta the application was granted on the same day, along with the request for preventive judicial detention. – As regards the request to vacate the detention orders against Horacio Medina, Edgar Quijano, Iván Fernández, Mireya Repanti, Gonzalo Feijoo, Juan Luis Santana and Lino Castillo, the Government reports that on 21 December 2004, the Office of the 73rd Prosecutor of the Office of the Public Prosecutor (the national body with competence to handle cases involving corruption, banks, insurance and capital markets), under the responsibility of lawyer Daniel Medina, submitted an indictment against Juan Antonio Fernández Gómez, Horacio Francisco Medina Herrera and Mireya Ripanti de Amaya for committing the offences of civil rebellion, incitement to commit an offence, incitement to break the law and advocating criminal conduct, unlawful interruption of the gas supply, criminal conspiracy and computer espionage, and requested preventive judicial detention.A summary of these conclusions and recommendations are set out below : At its June 2010 meeting, the Committee asked that the requested information be sent as a matter of urgency and without delay on the pending matters. Effect given to the recommendations of the Committee and the Governing Body Effect given to the recommendations of the Committee and the Governing Body
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