Informe provisional - Informe núm. 197, Noviembre 1979

1. 559. The Committee has already examined the substance of this case on several occasions, the most recent of which was in February 1979. At that time it submitted interim conclusions in its 190th Report (paragraphs 301 to 360). The Governing Body approved that report at its 209th Session (February-March 1979). In May 1979, the Committee, while adjourning the case, took note of certain information supplied by the Government. Since then the Government has sent new information, the most recent in a letter dated 18 October 1979. For its part, the International Confederation of Free Trade Unions (ICFTU) sent additional information in a letter dated 29 October 1979.
2. 560. Tunisia has ratified both the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 561. The case concerns essentially the after-effects of a 24 hour general strike called on 26 January 1978, which resulted, inter alia, in the arrest and conviction of numerous trade union officials, including Habib Achour, General Secretary of the Tunisian General Labour Union (UGTT).
2. 562. According to the Government, the strike had not been organised in conformity with the provisions of the Labour Code (which required the giving of notice and a previous attempt at conciliation). In any event, this fact was not a determining element in the sentencing of Habib Achour and his principal collaborators to terms of imprisonment.
3. 563. The Committee observed that the objectives of the general strike of 26 January 1978 were defined quite differently by the Government and by the complainants. The latter maintained that these trade union leaders had been sentenced for having carried out their union activities. They quoted the main grievances formulated by the UGTT: blocking of talks on the adjustment of wages to take account of the rising cost of living (without prejudice to the commitments entered into under the "Social Pact"); escalation of the harassment of trade unionists and attacks on the UGTT's offices; determination of the party in power to gain control over the UGTT. As for the charges brought against these trade union officials, they were based, according to the complainants, on texts, articles, motions, etc., some of which admittedly called for a political change, but in their opinion the public expression of the views of trade unions could not be termed a conspiracy. Rejecting union responsibility for the violence perpetrated that day, the complainants claimed that steps had been taken to avoid any initiative during the strike which would justify police intervention. They maintained that the non-peaceful demonstrations and looting were the work of agents provocateurs and that the army was to blame for the deaths and injuries.
4. 564. According to the Government, on the contrary, the work stoppage had been politically motivated; its purpose was to hamper the functioning of institutions and paralyse the country's economy. The State Security Court, in its judgement of 9 October 1978, had likewise qualified the strike as illegal; it had sentenced Habib Achour and his collaborators for conspiracy against the State. The judgement declared that various ideological trends had infiltrated into Tunisia through the UGTT, all of which had in common their hostility to the regime; these trends had diverted the officials of the UGTT away from trade union activities and into a form of political opposition camouflaged by labour claims. The court drew attention to Habib Achour's journeys abroad and in particular his meetings with leading members of the opposition. It quoted extracts from national and foreign newspapers, including in particular a statement by Mr. Achour: "I do not believe we can overcome this crisis so long as political power remains in the hands of three people", whom he named. According to the judgement, the number of defendants and their manoeuvres to spread disorder, murder and pillage were factors pointing to a conspiracy against the internal security of the State, and this conspiracy was very clearly discernible both on account of the material nature of the acts committed (depredations, etc.) and on account of the purpose underlying these acts (the undermining of the Government).
5. 565. The Committee noted that some of the demands made by the UGTT (adjustment of wages) were of a strictly occupational nature; others concerned the defence of the trade union movement against, so the complainants said, provocations and attempts to control the UGTT on the part of the authorities. The Government, on the other hand, considered that it had been the object of manoeuvres aimed at overthrowing it under the cover of workers' demands. The Committee was of the opinion that the facts before it were too contradictory to allow it to decide on this point in full cognisance of the facts of the case. The same applied to the different opinions expressed on the manner in which the proceedings in the State Security Court had been carried out.
6. 566. This general strike and the incidents following upon it have led to the arrest of numerous trade unionists and to the conviction of several of them, inter alia, by the State Security Court. The Committee noted that many of these persons were now at liberty (because no case had been found against them, they had suspended sentences or they had been conditionally released). The sentences imposed had nevertheless deprived the national trade union movement of the majority of its major leaders; this could not but be deeply felt by the militant unionists who had elected them, and by numerous sympathisers. Moreover, such serious tensions must have left the whole population with painful memories. More than a year having passed by then since the events in question, the Committee was of the opinion that measures of clemency could well contribute to a lessening of these feelings which were still present.
7. 567. Finally, some of the complaints were concerned with the conditions of detention of the imprisoned trade unionists and the ill-treatment to which some of them were said to have been subjected (in particular, the cases of Ismail Sahbani and Said Gagui). The Government rejected these allegations and claimed that the observers and foreign journalists present at the proceedings in Sousse, Sfax and Tunis had been able to see for themselves that all the accused, trade unionists or not, were in a fine state of health and did not show any signs of ill-treatment. It added, whilst giving details, that the conditions of detention of the convicted leaders were the same as those reserved for persons sentenced by the ordinary courts, or indeed even better than those. The Committee noted this information. It also noted that Habib Achour and Abderrazak Ghorbal (General Secretary of the Sfax Regional Federation) were treated like ordinary detainees, although they were separated from the other prisoners.
8. 568. At its February-March 1979 session, the Governing Body accordingly decided, on the Committee's recommendation:
   • - to note the contradictory statements of the complainants and of the Government on the substance of the case and the manner in which the State Security Court had dealt with the cases of Habib Achour and other trade union leaders;
   • - to note that several of the trade unionists cited by the complainants had been set free;
   • - to note also the information supplied by the Government in answer to the allegations concerning the conditions of detention and ill-treatment of the imprisoned trade unionists;
   • - to ask the Government to inform the Committee of the outcome of the proceedings against the trade unionists who had not yet been brought to trial and of any new fact which might emerge in regard to the sentenced trade unionists, and in particular of any possible measure of clemency which might be taken in their case.

B. Latest developments

1. 569. The Government supplied further information by letters dated 23 and 29 May, 19 June and 18 October 1979.
2. 570. In the first of these communications, the Government announced the release of 11 trade unionists, giving their names. It also forwarded a copy of medical records concerning Said Gagui, former General Secretary of the Food and Tourism Workers' Federation, who had died on 9 January 1979, pointing out that it was clear from these documents that the person in question was suffering from cancer and that he had been given all necessary medical care and treatment. The Government further stated that it was continuing to examine the Committee's earlier conclusions and that it would not fail to keep the ILO informed of all measures that might be taken with respect both to the detainees still awaiting trial and to the persons already convicted (by the ordinary courts of law or by the State Security Court), in respect of whom measures of clemency might be envisaged in its letter of 29 May 1979, the Government stated that a certain number of trade unionists implicated in the events of 26 January 1978 had been granted a free pardon; it added that it would supply a list of these persons in due course.
3. 571. While adjourning its examination of the case, the Committee noted with interest in May 1979 that a number of trade unionists had been released. It also noted that other measures of clemency might be under consideration, and that the Government would continue to furnish information on any developments in this regard.
4. 572. In its letter of 19 June 1979, the Government provided information on the situation of the arrested trade unionists named in the complaints. According to this information, at that date 77 of them had been released and 15 were still serving their sentences; a list of their names is appended.
5. 573. In its communication of 18 October 1979, the Government states that on 3 August 1979 the Head of State announced the grant of pardon in favour of Mr. Habib Achour. The latter, it continues, had only been in prison for one year and a few months although he had been sentenced to ten years' forced labour; at the moment he is living with his family. The Government states that measures of clemency from which other sentenced trade unionists could benefit are within the prerogative of the Head of State and it adds that it will continue to co-operate with the Committee.

C. The Committee's conclusions

1. 574. In its communication of 29 October 1979, ICFTU also states that on 3 August 1979, the Head of State granted presidential pardon to several persons, including Habib Achour. However, it adds that he is under strictly supervised house arrest; his children, their spouses and one of his brothers are authorised to visit him but he is only allowed to speak to visitors who have been approved by the State Security Police. In addition, the complainant states that other trade unionists sentenced by the Special Court for State Security have not been released.
2. 575. The Committee notes these latest developments, particularly the medical data furnished as to the circumstances of the death of Said Gagui. As concerns the allegations relating to the detention of trade unionists following the strike of 26 January 1978, the Committee notes with interest that 77 of these persons are now at liberty and that Mr. Habib Achour has been granted a pardon. However, the Government does not give information as to whether these 77 persons have been able to resume their trade union activities and it appears from the latest information sent by ICFTU that Habib Achour does not have complete freedom of movement. Moreover, the 14 persons still imprisoned held high office in the trade union movement prior to their arrest: nine of them were members of the National Executive of the UGTT and five were senior officials of regional or occupational federations. Finally, the Government has not supplied information on the present situation of Mr. Ahmed Triki.

ANNEX

1. Information supplied by the Government on the arrested trade unionists named in the complaints
2. A. Situation of Habib Achour See paragraph 573 above.
3. B. At liberty
4. 1. Abdellaziz Bouraoui
5. 2. Sadok Allouche
6. 3. Habib Ben Achour
7. 4. El Mekki Ben Abderrahmane
8. 5. El Kefi El Amri
9. 6. Hafedh Gamoun
10. 7. Mohamed Ben Aicha
11. 8. Sador Guedissa
12. 9. Mizouni El M'Hemmedi
13. 10. Messaoud Klila
14. 11. Abdessalem Jrad
15. 12. Allala El Amri
16. 13. Béchir Mabrouk
17. 14. El Hadj Dami
18. 15. Said El Haddad
19. 16. Noureddine Bahri
20. 17. Mohamed Salah Kheriji
21. 18. Ahmed El Kahlaoui
22. 19. Azouz Dhaouadi
23. 20. Ben Rhouma
24. 21. Salah Chelli
25. 22. Salah Lahmar
26. 23. Habib Gsouri
27. 24. Mohamed Charaa
28. 25. Mouldi Chouikha
29. 26. Mokhtar Louati
30. 27. Abdelkader Sallami
31. 28. Moncef Fekih
32. 29. Mohamed Ayab
33. 30. Mohamed Dami
34. 31. Jameleddine Ezzeddine
35. 32. Abderrazak Boucetta
36. 33. Salah Essid
37. 34. Mohamed Neffati
38. 35. Abdelmajid Saadgoui
39. 36. Ezzeddine Krichen
40. 37. El Borni El Allagui
41. 38. Ahmed Chaabane
42. 39. Touhami Haydri
43. 40. Rachid Slouga
44. 41. Najib Bouslah
45. 42. Ali Mahdi
46. 43. Ali Ben Salah
47. 44. Moncef Gmar
48. 45. Belgacem Kharchi
49. 46. Ahmed Lajili
50. 47. Mohamed Kassaoui
51. 48. Lamine Cherif
52. 49. Mohamed Ayoub
53. 50. Bouraoui Attia
54. 51. El Ajmi Hafaiadh
55. 52. Amor Delajoura
56. 53. Rachid Thabet
57. 54. Ajimi Mathlouthi
58. 55. Abdellaziz Ben Aicha
59. 56. Brahim Farhat
60. 57. Sadok Morjane
61. 58. Mohamed Belajouza
62. 59. Mohamed Naceur Djelassi
63. 60. Ali Trabelsi
64. 61. Hedi Eddeb
65. 62. Salem El Haddad
66. 63. Ali Mathlouthi
67. 64. Jilani El Gabsi
68. 65. Mongi Ayari
69. 66. Saad Belloumi
70. 67. Mohamed Ennaoui
71. 68. Amar Hamaidi
72. 69. Ouanès Sahnoun
73. 70. Gader Lamaa
74. 71. Hédi Tenjal
75. 72. Néji Eramadi
76. 73. Abdellaziz Ejaouadi
77. 74. Ali Ben Romdhane
78. 75. Mohamed Kouki
79. 76. Hédi Der
80. 77. Hamadi Bouhelfi.
81. C. Still serving their sentences
82. 1. Khereddine Salhi
83. 2. Mustapha Gharbi
84. 3. Sadok Besbes
85. 4. Taieb Baccouche
86. 5. Mohamed Ezzeddine
87. 6. Abdelhamid Belaid
88. 7. Hassen Hamoudia
89. 8. Houcine Ben Gaddour
90. 9. Abderrazak Ayoub
91. 10. Abderrazak Ghorbal
92. 11. Ismail Sahbani
93. 12. Mohamed Chakroun
94. 13. Néji Chaari
95. 14. Salah B'Rour.