Informe provisional - Informe núm. 199, Marzo 1980

1. 290. The Committee has already examined this case, at its November 1979 Session, when it presented an interim report to the Governing Body. The Government has since sent information on the allegations of the World Confederation of Labour (WCL) in a communication of 10 January 1980. Further complaints have been presented by the World Federation of Teachers' Unions (22 November 1979 and 10 January 1980), the World Federation of Trade Unions (18 January, 1 and 4 February 1980), the Trade Unions International of Workers in Commerce (29 January 1980) and the Trade Unions International of Metallurgical Workers (13 February 1980). The Government has not yet communicated its observations on these allegations.
2. 291. Turkey has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), but has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98),

A. Previous examination of the case

1. 292. The allegations of the WCL concerned the arrest of a large number of persons, including leaders of the Confederation of Unions of Revolutionary Workers (DISK), following the celebration of May Day at Istanbul. In the light of the observations supplied by the Government, it appeared that this demonstration had been prohibited under the martial law at present in force in certain provinces of the country. On the other hand, the demonstrations organised on 1 May in provinces not subject to martial law had been authorised. According to the information supplied both by the complainant organisation and by the Government, the persons arrested were subsequently released. Nevertheless, it appeared from the Government's communication that their trials were continuing though they were at liberty.
2. 293. In a further communication, the WCL stated that it was informed of the arrest of Mr. Fehmi Isiklar, the General Secretary of the Confederation of Trade Unions of Revolutionary Workers (DISK), after he had taken part in a trade union meeting in Diabakir Province. Other trade unionists were also said to have been arrested for the same reasons and some of them were even said to have been tortured. The WCL stated that they had all been released, but that Mr. Fehmi Isiklar had not yet been brought before the courts.
3. 294. At its November 1979 Session, the Committee recommended the Governing Body:
   • - to take note of the information supplied by the Government as regards the application of martial law in certain provinces of the country and its statement to the effect that this situation did not affect trade union rights and freedoms;
   • - to draw the Government's attention to certain principles as regards the right to hold meetings and demonstrations on May Day;
   • - to note with interest that the persons arrested following the May Day demonstrations had been released;
   • - to request the Government to supply information on the results of any current legal proceedings and to send its observations on the subsequent WCL allegations.

B. The Government's observations

1. 295. As regards the allegations concerning the detentions, the Government has confirmed that Mr. Fehmi Isiklar had been arrested on 1 August 1979. He was charged with violating section 312(1) of the Penal Code, forbidding the public endorsement of an act considered as a crime, advocating disobedience to the law, or inciting hostility and feelings of vengeance between different social classes. The Government stated that he was brought before the competent tribunal within the period prescribed by law, and was released on 23 August 1979, since which time he has continued freely to exercise his trade union activities. The Government stated that, as in other cases in which trade unionists have been arrested or detained, these measures were motivated by his activities outside the trade union framework and for reasons which had no relation to the exercise of trade union rights, and each time the person concerned has been accorded the benefits of regular judicial procedure. In addition, no judicial or administrative action had been taken against the union to which the person belonged. As it had already pointed out, the enjoyment of trade union rights was guaranteed by the Constitution and the exercise of trade union activities regulated by Acts Nos. 274 and 275. In these circumstances, the Government considers without foundation the WCL's opinion that trade unions and unionists are submitted to the arbitrary exercise of official authority.
2. 296. The Government also stated, in relation to the principles spelled out in paragraph 589 of the Committee's 197th Report, that the rights of assembly and demonstration were respected. It stated that no effort was spared to reach agreement with the leaders of DISK so that the demonstration they wished to organise in Istanbul on May Day would be held in another town where conditions were considered to be more favourable. However, approaches for this purpose made by the authorities concerned and by the Prime Minister personally were not successful with the leaders of DISK, who insisted on holding the demonstration in Istanbul at any price, in violation of the administrative and legislative provisions on public order.
3. 297. The Government reports that the judicial proceedings instituted against various persons are still following their normal course. As the Constitution forbids any approach to the judiciary by executive or legislative authorities concerning a judicial action which is under consideration, the Government states that it cannot furnish any information on the progress of the trials, but that the Committee will be informed of the results as soon as they are known.

C. Further complaints

1. 298. By a telegram of 22 November 1979, the World Federation of Teachers' Unions presented a further complaint of violation of trade union rights in Turkey. In this telegram, the Federation referred to the arrest on 10 November 1979 by the commandant of the state of siege in Ankara, of Gultekin Gazioglu, President of the Association of Turkish Teachers (TOEBDER), and of ten members of the Association's executive Committee, and stated that 24 other officials were threatened with arrest.
2. 299. In another telegram of 10 January 1980, the World Federation of Teachers' Unions stated that Gultekin Gazioglu and the ten members of the Association's executive Committee were still imprisoned, and that hundreds of teachers had been arrested. At the beginning of the year the commandant of the state of siege in Ankara dissolved TOEBDER, of which many provincial branches had already been closed. The Federation stated that assassinations of teachers were being carried out by groups which the Government permitted to operate.
3. 300. In another new complaint, communicated by a letter of 18 January 1980, the World Federation of Trade Unions referred to the recent arrest of Hemal Turckler, President of the Union of Metallurgical Workers (MADEN-IS), and of six other militants of the same organisation. The World Federation of Trade Unions stated it was deeply concerned by these arrests. In its later communications, the WFTU also refers to the arrest of leaders of the BANKSEN and BAYSEN trade unions. The communications of the Trade Unions International of Metallurgical Workers and the Trade Unions International of Workers in Commerce contain similar allegations to those of the WFTU.

D. The Committee's conclusions

1. 301. With regard to the allegations concerning the detention of members of DISK, the Committee notes that Mr. Fehmi Isiklar has been brought before the competent tribunal and released, and that the judicial proceedings against various persons including Mr. Isiklar are following their normal course. It notes the Government's statement that the Committee will be informed of the results of these proceedings as soon as they are known.
2. 302. The Committee also notes the Government's statements regarding the efforts made to come to an agreement with the leaders of DISK to hold their May Day demonstrations in another town, in a province which was not under a state of siege. In this context the Committee must note the practical difficulties that this might involve for members of trade unions wishing to exercise their rights of assembly on May Day, which the Committee has already pointed out constitute an important part of trade union rights. If further instances of such meetings arise, the Committee hopes that the Government and the trade unions will be able to balance the interests involved in a manner which will allow the effective exercise of the right to hold demonstrations on May Day, while respecting the legal provisions in force concerning the need for public order.
3. 303. The Committee also notes that the Government's observations on the new allegations concerning further detentions of trade unionists and the dissolution of the Association of Turkish Teachers, have not yet been received.