Rapport définitif - Rapport No. 6, 1953

A. Analysis of the Complaints

1. 599. All the complaints allege that the United States authorities ordered the deportation of Mr. Nicholas Kaloudis, General Secretary of the Federation of Greek Maritime Unions, and that he was to be placed aboard the S.S. Vulcania leaving the United States on 23 February 1952 in order to be handed over to the Greek authorities. They state that he would be executed in Greece. The Federation of Greek Maritime Unions alleges further that the deportation was an act of collusion between the two Governments, warrants for the arrest of Mr. Kaloudis having been issued in Greece on charges involving his leadership of the union. They demand that action be taken to prevent his being handed over to the Greek authorities.
2. 600. The complaint presented by the Federation of Greek Maritime Unions further refers to the facts that Mr. Ambatielos, predecessor in office of Mr. Kaloudis, is under sentence of death in Greece, that further mass trials are to take place before the Athens Military Court and that it is intended to destroy the Federation. These matters were before the Committee in connection with the complaint made earlier against the Greek Government by the Great Lakes Licensed Officers' Organisation-Foremen's Association of America, the Queensland Trades and Labour Council and the World Federation of Trade Unions (Case No. 18) and are not, therefore, dealt with in this case.

B. Analysis of the Governments' Replies

1. 601. In its reply dated 19 September 1952, the United States Government declares that Mr. Kaloudis entered the United States on 22 April 1944 as a seaman on shore leave not exceeding 29 days. After extensions of the period, he was finally told to leave by 1 October 1946. He did not leave, and deportation proceedings were started. After deportation was ordered he appealed, and his appeal was dismissed in July 1949. Further proceedings resulted in the deportation order finally being confirmed on 10 January 1952. He then instituted court action to prevent his deportation to Greece and the court decided to restrain the Immigration and Naturalisation Service from deporting him to Greece but to allow them to deport him to Poland if that country would accept him. He was deported to Poland on 21 August 1952. No question of trade union rights was involved. The deportation proceedings were a routine application of the United States Immigration Laws carried out under full protection of the laws and courts of the country.
2. 602. In its reply dated 17 September 1952, the Greek Government states that it has no positive knowledge of the whereabouts of Mr. Kaloudis and had nothing to do with his being deported. It mentions that some of the Greek trade unions believe him to be in Poland. The Government also makes certain observations on the points raised in paragraph 600 above but these are covered by the documents in Case No. 18 referred to earlier.

C. C. The Committee's conclusions

1. 603. In a previous case concerning a complaint presented by the World Federation of Trade Unions against the Government of the United Kingdom in respect of Hong Kong, the Committee pointed out that it is not called upon to deal with cases of deportation involving the general question of the status of aliens not covered by international Conventions. In the present case the complaint contains an allegation that the United States authorities intended to deport Mr. Kaloudis specifically to a country, Greece, in which his life would be in danger. It would appear that Mr. Kaloudis was in fact deported to Poland, this being the country of his choice, and therefore that the demand for action to prevent his deportation to Greece has become purposeless. In view of the statement of the United States Government that the deportation had no connection with trade union rights but followed the normal procedure attended by all the guarantees provided by due process of law as in the case of aliens in general, the Committee considers that the complainants have not shown that any question of infringement of trade union rights was involved.