Rapport intérimaire - Rapport No. 208, Juin 1981

1. 421. By a communication dated 16 February 1981, the Public Services International presented its complaint of violations of trade union rights in Turkey, and the Government for its part forwarded its observation on 1 April 1981.
2. 422. 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. Allegations of the complainant

1. 423. The Public Services International (PSI) alleges that following the coup d'Etat of 12 September 1980, the Turkish Government withdrew many of the basic human rights both collectively and individually from trade unionists in that country, in particular, as regards the Public Service Union (GENEL-IS) - a PSI affiliate, which has been stopped by the authorities from carrying out any trade union functions by the arrest and imprisonment of its leaders, and in particular by the detention of the President of the Confederation of Unions of Progressive Workers (DISK), and of GENEL-IS, Mr. Abdullah Bastürk. Additionally, because of his imprisonment, he has been prevented from attending Constitutional Executive Board meetings, and all attempts to communicate with him, including a mission to Turkey by the PSI President, General Secretary and a senior Executive Board member, have failed. The PSI expresses its deepest concern for his safety and well being and declares its total opposition to the restrictions and penalties now imposed upon trade unions, their leaders and members. It sharply condemns the Government for violating and indeed defying the principles enshrined in the ILO Conventions, particularly as regards the ones contained in Convention No. 98, which Turkey has ratified.

B. Reply of the Government

1. 424. In its communication of 1 April 1981, the Government states that the allegations do not differ in substance from those already examined by the Committee, contained in Case No. 999, and to which the Government has already replied. The Government adds that Mr. Bastürk is being detained and charged with contraventions of sections 141, 142 and 146 of the Penal Code, the provisions of Act No. 1402 on the State of Emergency, those of Act No. 6136 on firearms, and those of Acts NOS. 274 and 275 on trade unions and strikes.

C. Conclusions of the Committee

1. 425. The Committee has already examined the general trade union situation in Turkey in Case No. 999, which included the detention of Mr. Bastürk, and in which it has reached interim conclusions.
2. 426. The Committee notes that Mr. Bastürk is charged with offences related in particular to trade union activities and strikes. In this regard, it must point out that preventive detention of trade unionists on the ground that breaches of the law may take place in connection with a strike involves a serious danger of infringement of trade union rights.
3. 427. Moreover, keeping in mind the fact that under section 146 of the Turkish Penal Code Mr. Bastürk faces the possibility of a death sentence, the Committee stresses the importance which should be attached to the principle that all arrested persons should be subject to normal judicial procedure in accordance with the principle enshrined in the Universal Declaration of Human Rights. It also emphasises the importance of fair trial by an independent and impartial judiciary in all cases, including cases in which trade unionists are charged with political or criminal offences which the Government considers have no relation to their trade union functions.
4. 428. The Committee would also wish to remind the Government that in cases involving the arrest, detention or sentencing of a trade union official - as individuals have the right to be presumed innocent until found guilty - it has considered that it is incumbent upon the Government to show that the measures it has taken are in no way occasioned by the trade union activities of the individual concerned.
5. 429. As for the other arrested GENEL-IS leaders, the Committee would once again wish to express its deep concern over their situation, and in general would recall that a genuinely free and independent trade union movement can only develop if basic human rights are respected.
6. 430. Lastly, the Committee would wish to be kept informed of any developments in this case and also requests the Government to send information on the results of the judicial proceedings against the arrested trade union leaders.