Informe definitivo - Informe núm. 16, 1955

A. A. The complainants' allegations

1. 57. The Committee had three complaints before it : the first, dated 4 June 1954, addressed to the United Nations by the Trade Union International of Workers in the Building, Wood and Building Materials Industries ; the second, dated 31 May 1954, addressed to the United Nations by the World Federation of Trade Unions ; and the third, dated 10 June 1954, addressed to the Director-General by the Unified Trade Union Movement of Greece (E.S.K.E).
2. 58. It is alleged in the first complaint that 49 workers of both sexes were deported in May 1953 for having taken part in a workers' meeting. Although recently acquitted by the court, they were again sent to the island of Agios Efstratios. The second complaint refers to precisely the same matter. The third complaint, the main part of which is dealt with in Case No. 1051, contains an allegation relating to the exile for the last seven years of hundreds of trade union officers and to the recent deportation of eight trade unionists because of their trade union activities.
3. 59. In accordance with paragraph 23 of the Ninth Report of the Committee on Freedom of Association, the Director-General informed the complaining organisations that any further information which they might wish to furnish in substantiation of their complaints should be communicated to him within one month. None of them has so far forwarded any further information.
   • ANALYSIS OF THE REPLIES
   • Analysis of the First Observations (Letters Dated 2 and 6 October 1954)
4. 60. The Greek Government transmitted its observations on the complaints communicated to it by two letters dated 2 and 6 October 1954.
   • Letter Dated 2 October 1954
5. 61. In reply to the allegations made by the Trade Union International of Workers in the Building, Wood and Building Materials Industries, the Government presents the following observations.
6. 62. It is true that on 1 May 1953 the police authorities in Athens and Piraeus arrested a number of persons, but these arrests and the ensuing deportations had no connection with trade union activities. They were occasioned by the fact that the persons in question tried to disturb the peaceful celebration of May Day and to transform the meeting held on that day into a Communist demonstration ; acting pursuant to orders given by the Greek Communist Party, they hoisted placards bearing Communist slogans and distributed Communist pamphlets of an anti-national and provocative character. Disturbances broke out and led to several non-Communists being injured. Forty-nine persons were arrested and brought before the courts pursuant to articles 189 and 192 of the Penal Code. At the same time, the security department proposed the deportation of 47 persons who were endeavouring to re-establish the illegal machinery of the Greek Communist Party and, to this end, were spreading propaganda in the trade unions. These persons were sentenced to be deported for one year pursuant to Decision No. 35 of 2 May 1953 of the Public Security Committee for the Attica Area. The Government denies that this case has anything to do with the exercise of trade union rights, which is a right enjoyed by all Greek citizens.
   • Letter Dated 6 October 1954
7. 63. In reply to the allegations made by the Unified Trade Union Movement of Greece (E.S.K.E.), the Government observes that the Secretary-General and almost all the members of the complaining Organisation belong to the Greek Communist Party or are known to be pro-Communists endeavouring to promote the interests of the Party. The Government considers that the complaint is based on information which is cited in bad faith and is contrary to the truth. It declares that, if there have been cases of trade unionists being exiled, the measures taken have been in accordance with the penal law, which, in every democratic country, punishes citizens who break the laws or act against the interests of the nation.
   • First Request f or Further Information
8. 64. At its Tenth Session (Rome, November 1954), the Committee noted that, at its Seventh Session (Geneva, November 1953), when examining Case No. 66, it had had before it a complaint presented by the Union of Employees of Athens and Suburbs Restaurants protesting, in particular, against the arrest of certain members of that union on the occasion of the May Day celebrations in 1953. The Committee also had before it a reply from the Government dated 9 September 1953 stating that the persons concerned had created a disturbance, that judicial proceedings had been taken against them for contravention of the Penal Code and that, having been considered dangerous to the maintenance of public order, they had been summoned before the Public Security Committee for the Attica Area and sentenced by it to be deported for one year. The Committee took the view that, before it expressed its opinion on the merits of the allegations made, it should request the Greek Government to furnish further information bearing, in particular, on the result of the judicial proceedings instituted charging contraventions of the Penal Code following the incidents on 1 May.
9. 65. At its Eighth Session (Geneva, March 1954), the Committee had before it a further letter from the Greek Government, dated 15 January 1954, in which it was stated that all the persons arrested on May Day 1953 were officials of the Greek Communist Party who were endeavouring to further its ends by violence and were working unceasingly to re-establish secret organisations ; they had tried to transform the celebrations on 1 May into a political demonstration by distributing pamphlets of an anarchical and anti-national character. In view of the repeated affirmations of the Government that the measures complained of had no connection with the exercise of freedom of association, were motivated only by reasons of public order and affected only people carrying on illegal and secret activity, the Committee considered that the allegations were of so political a nature that it was not desirable to pursue the case and that, in those circumstances, they did not call for further examination.
10. 66. The Committee's recommendation was approved by the Governing Body at its 124th Session (Geneva, March 1954).
11. 67. The specific allegations concerning the deportation of certain trade unionists which were before the Committee at its Tenth Session (Rome, November 1954) also related to the events on May Day 1953 and contended that a number of workers were deported on that occasion. The tenor of the observations presented by the Government in its reply dated 2 October 1954 was the same as that of its replies dated 9 September 1953 and 15 January 1954.
12. 68. However, the Committee noted that the complaint dated 4 June 1954, submitted by the Trade Union International of Workers in the Building, Wood and Building Materials Industries, and that dated 31 May 1954, submitted by the World Federation of Trade Unions, alleged that the persons who had been arrested on the occasion of 1 May 1953 and who had again been sent to the island of Agios Efstratios, had been sent there " although acquitted by the court a few days before ". The Government's reply dated 2 October 1954 merely stated that judicial proceedings had been taken against the persons arrested pursuant to articles 189 and 192 of the Penal Code, but gave no indication as to the results of the proceedings. Moreover, the Government stated that, at the same time, the security department had proposed the deportation of 47 persons who were endeavouring to re-establish the illegal machinery of the Greek Communist Party and, to this end, were spreading propaganda in the trade unions.
13. 69. In these circumstances, the Committee considered that it should request the Greek Government to furnish information as to the results of the judicial proceedings taken against the persons arrested on the occasion of 1 May 1953. Further, having regard to the importance which it has always attached in its earlier recommendations to the principle that all accused persons should enjoy the guarantees afforded by due legal process', the Committee considered that it should also request the Greek Government to indicate what legal guarantees are applicable in the case of persons summoned before a public security committee.
    • Analysis of Further Information (Letter Dated 2 January 1955)
14. 70. In its letter dated 2 January 1955, in response to the Committee's first request for further information, the Government states that the arrests effected by the police authorities on 1 May 1953 did not have any connection with the exercise of trade union rights, these being freely enjoyed by all Greek workers. In its view the only question for the Committee to determine is whether the acts upon which the allegations are based constitute an infringement of trade union rights and, if such is not the case, it should stop its inquiry.
15. 71. The Government then states that, by a decision (No. 8744) rendered on 12 May 1954, the Athens Correctional Court condemned five of the 49 persons who appeared before it to two months' imprisonment and that these persons, having paid the penalty, have been released.
16. 72. But there exists in Greece, along with penal proceedings, another system of prosecution involving " the deportation of any person suspected of having assisted brigands, persons in contumacy, contrabandists or any person who has committed acts contrary to the public order or to the peace and security of the State ". Deportation is thus a special penalty imposed by virtue of a special procedure ; according to the law, it cannot exceed a period of one year. Cases of deportation are decided upon by special public security committees established in each area, and composed of the prefect, and the president and prosecutor of the court of first instance, with the chief of police or the director of the police, in big cities, as reporter. The law has established within each court of appeal a public security committee of second instance, composed of the prefect, and the president and prosecutor of the court of appeal, to which every person concerned may have recourse within three days following notification of the decision of the committee of first instance. In these proceedings, the persons concerned may designate an attorney. The role of the prosecutor is of primary importance, since he assembles the material for investigation.
17. 73. The Government emphasises that, in its view, this procedure lies within the domain of penal procedure and is a question absolutely distinct from the question of determining whether or not there has been an infringement of trade union rights.
    • Second Request for Further Information
18. 74. At its 11th Session (Geneva, February 1955), the Committee noted that the Government did not indicate clearly whether any of the 49 persons who appeared before the Athens Correctional Court were deported under this special procedure, but that it did not deny it either.
19. 75. Whether the five persons who were condemned by the Athens Correctional Court were deported or not, the Committee considered that, as these persons were found guilty of violations of the Penal Code, it was not competent to examine the penal action taken for such violations.
20. 76. However, with respect to the other 44 persons arrested during the demonstration on 1 May 1953, and who were prosecuted for violations of the Penal Code but were alleged to have been acquitted by the Athens Correctional Court, the Committee wished to be informed as to whether they had been subjected to deportation and, if so, as to the precise reasons for which, despite their acquittal, they were deported. The Committee emphasised that this information was necessary in order that it might be able to feel certain that the deportations were not due to the participation of the persons concerned in an occupational demonstration.
    • Analysis of Further Information (Letter Dated 23 April 1955)
21. 77. In its letter dated 23 April 1955, the Government repeats the observations already made in its earlier communications' with respect to the disturbance of the May Day celebrations by Communist agitators. It emphasises, in particular, that these persons sought to endow a peaceful demonstration with a revolutionary character and carried placards bearing slogans which had no connection with the purposes of the meeting (" Down with the Government ", "Amnesty", "Peace in Korea", "Out with the Americans").
22. 78. Of the 49 persons arrested, five were sentenced to terms of two months' imprisonment by the Athens Correctional Court, pursuant to articles 189 and 192 of the Penal Code. The others were brought before the Public Security Committee for the Attica Area, which ordered their deportation because they had sought to endow a workers' demonstration with a revolutionary character, had persisted fanatically in anarchist ideas prejudicial to the national interest and had spread propaganda for the Greek Communist Party which, following its well-known armed activities, had ceased to be regarded as a political party and had been outlawed and declared to be a revolutionary organisation acting solely against the national interest. The Government states that the reference of the cases to the Public Security Committee was made pursuant to the penal procedure in force with respect to the deportation of persons regarded as dangerous for having given aid to brigands or committed acts contrary to public peace or public order or to the safety of the State (Legislative Decrees of 10 April 1924 and 4 May 1946). The Government refers to its previous reply with respect to the composition and functioning of public security committees.

B. B. The Committee's conclusions

1. 79. At its 11th Session (Geneva, February 1955), the Committee considered that, in order to enable it to assure itself that the deportation measures were not occasioned by the participation of the persons concerned in a demonstration of an occupational nature, it was indispensable that it should obtain certain detailed information from the Greek Government. In particular, it asked whether, in fact, the 44 persons who had been arrested in connection with the demonstration on 1 May 1953 and prosecuted for contraventions of the Penal Code but acquitted by the Athens Correctional Court had nevertheless been sentenced to deportation and, if so, on what precise grounds they had been deported.
2. 80. In requesting this information, the Committee was following the practice which it adopted in several earlier cases', in which it was only after receiving sufficiently precise and detailed information from the governments to show that the arrests complained against were in no way connected with the exercise of trade union rights that it was able to reach the conclusion that the allegations relating to such arrests did not call for further examination.
3. 81. In reply to the Committee's request, the Government declares that 44 of the 49 persons arrested on the occasion of the demonstration on 1 May 1953 were found not guilty of committing acts of violence by the Athens Correctional Court but that they were brought before the Public Security Committee for the Attica Area, which ordered their deportation. The Government states that the reasons for the deportation of these persons were that they had sought to endow a workers' demonstration with a revolutionary character, had persisted fanatically in anarchist ideas prejudicial to the national interest and had spread propaganda for the Greek Communist Party, which, following its armed activities, had been outlawed and considered no longer to be a political party but to be a revolutionary organisation acting solely against the interests of the nation.
4. 82. The Government emphasises that the measures complained against therefore have no connection whatsoever with the exercise of trade union rights and are of a purely political nature.
5. 83. In its First Report, the Committee formulated certain principles with respect to the examination of complaints to which the government concerned ascribes a purely political character. In particular, following the general principle adopted by the Governing Body on the proposal of its Officers, the Committee decided that, even though cases may be political in origin or present political aspects, they should nevertheless be examined further if they raise questions directly affecting the exercise of trade union rights.
6. 84. The Committee recalls that in several earlier cases it has had to consider the application of measures which, though of a political nature and not intended to restrict trade union rights as such, might nevertheless affect the exercise of trade union rights.
7. 85. In the present case, the Committee considers that, in so far as the public security committees have been instituted for exclusively political purposes, it is not competent to express a view with respect either to their institution or to the procedure followed in cases before them, under which persons may be deported for having committed acts contrary to public peace or public order or to the safety of the State.