Sindicalistas de Táchira fueron liberados bajo régimen de presentación

Martes,28 de Agosto de 2012

Los cinco sindicalistas de la construcción que fueron detenidos en el Fuerte Murachí en el estado Táchira fueron liberados el día de hoy a las tres de la tarde bajo régimen de presentación.

Los trabajadores fueron liberados por el Circuito Judicial Penal Militar del Tribunal Militar Undécimo de Control el mismo que los imputó. Tendrán que presentarse cada ocho días, según declaraciones de Ramiro Parada en contacto telefónico con Provea.

Los sindicalistas son: Hictler William Torres, Luis Arturo González, José Martín Mora, Wilander Pedro Operaza y Ramiro Parada

Estos trabajadores permanecieron privados de libertad durante 15 días, pues es de recordar que el 13 de agosto participaron en una protesta en el Fuerte Murachí en la exigencia de sus derechos laborales. Demandaban el bono de alimentación, el registro en el Seguro Social, el Fondo de Ahorro Obligatorio de la Vivienda, el bono de transporte y los sueldos caídos a la empresa privada Xocobeo C.A. contratada por el Ministerio de Vivienda y Hábitat para la construcción de unidades habitacionales de la Gran Misión Vivienda Venezuela.

Los delitos que se les imputaron fueron: ultraje al centinela y ultraje a las Fuerzas Armadas artículos 502 y 505 del Código Orgánico de Justicia Militar, y violación de zonas de seguridad artículo 56 de la Ley Orgánica de Seguridad de la Nación. 

De acuerdo a este artículo 56 “Cualquiera que organice, sostenga o instigue a la realización de actividades dentro de las zonas de seguridad, que estén dirigidas a perturbar o afectar la organización y funcionamiento de las instalaciones militares, de los servicios públicos, industrias y empresas básicas, o la vida económico social del país, será penado con prisión de cinco (5) a diez (10) años”. Este es el mismo artículo por el cual se encarceló y enjuició al dirigente sindical Rubén González.

Como lo denunciábamos hace días, esta acción viola el artículo 49 numeral 4 de la Constitución de la República Bolivariana de Venezuela (CRBV) el cual indica que ”Toda persona tiene derecho a ser juzgada por sus jueces naturales en las jurisdicciones ordinarias o especiales, con las garantías establecidas en esta Constitución y en la ley…”, es decir, no es un juez militar quien juzga a un civil.

Igualmente se incumple el artículo 261 de la CRBV donde se señala que ”…La comisión de delitos comunes, violaciones de derechos humanos y crímenes de lesa humanidad, serán juzgados por los tribunales ordinarios. La competencia de los tribunales militares se limita a delitos de naturaleza militar.

La Corte Interamericana de Derechos Humanos en reiteradas sentencias ha expresado que la justicia militar no es aplicable a civiles porque estos no pueden cometer delitos militares, sólo los militares activos y en funciones militares.

Condenamos la aplicación de la justicia militar a civiles y exigimos el cese a la criminalización de la protesta social. 

Actualmente en Venezuela hay más de 100 sindicalistas sometidos a juicios penales por reivindicar las contrataciones colectivas, el derecho a huelga y la libertad sindical. (Prensa Provea, 28.08.12)

http://www.derechos.org.ve/2012/08/28/sindicalistas-de-tachira-fueron-liberados-bajo-regimen-de-presentacion/

 

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