A/HRC/4/42
page 9
Notwithstanding the above, I am able to confirm to you that in May 2005 the
brothers Jose and Juan Maturana Carrasco and Ms. Maria Martinez Acuna filed an
application for amparo (under No. 12.429) with the Santiago Appeals Court against the
company ESEU S.A., on which a ruling has apparently yet to be handed down.
I can further inform you that in July 2004 Senator Alejando Navarro sought the
backing of the Government for a bill aimed at prohibiting and making punishable in law
the recruitment, financing, maintenance and dispatch of mercenaries abroad. The bill is
currently at the initial legislative stage, for reporting by the Defence Committee.
22.
The Working Group welcomes the information received from the Government of Chile,
and looks forward to further exchanges on the situation.
23.
By letter dated 7 March 2006, the Working Group recalled for the Government of
Equatorial Guinea the communication sent on 2 June 2005 by the former Special Rapporteur on
mercenaries, Ms. Shaista Shameem, concerning the reported situation in prison of alleged
mercenaries convicted in 2004 of attempting to overthrow the Government of Equatorial Guinea.
It related allegations of torture and mistreatment. The Working Group reiterated concerns
vis-a-vis the situation, and urged the Government to take all necessary measures to guarantee
that the rights and freedoms of the aforementioned persons were respected and that
accountability of any person guilty of the alleged violations was ensured.
24.
By 15 December 2006, the Working Group had not received information on the situation
from the Government of Equatorial Guinea.
25.
On 5 and 12 December 2006, the Working Group sent urgent appeals to the Government
of Honduras, conveying information of threats by telephone text messages received by lawyers
of the Asociacion para una Sociedad mas Justa (ASJ) in Honduras. The Working Group was
informed that ASJ staff provided juridical advice and support to some 12 former employees of a
private security company, and that the threats allegedly originated from individuals of the private
security company in question. The Working Group expressed its concern that one of the
ASJ staff threatened was killed in Honduras by two unidentified men on motorbike on
4 December 2006. It also conveyed information of continued threats received by other
ASJ personnel. The Working Group was informed that former employees of the private security
company and their family members also received threats when bringing claims against the
private security company over labour rights disputes, including charges of non-fulfilment of
contracts and withholding of remuneration. The Working Group urged the Government of
Honduras to undertake a prompt and comprehensive investigation into the killing of the
individual on 4 December, and requested information on whether the private security company
was legally registered and had obtained permits and licences to operate as a private security
company in Honduras. In noting the creation of a special unit in the Ministry of Public Security,
with the mandate to undertake joint inspections with the Ministry of Labour on PMSCs, the
Working Group requested information as to whether the PMSC concerned had been or was being
investigated, and what protective measures were taken by the Government to ensure the safety of
the other individuals having received threats.
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