Rapport définitif - Rapport No. 217, Juin 1982

1. 96. The complaint is contained in communications of the National Workers' Force (Fuerza Nacional del Trabajo - FNT) dated 12 November and 15 December 1981. The Government replied in a communication dated 12 March 1982.
2. 97. Spain has ratified 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. The complainant's allegations

1. 98. The FNT alleges that in the month of November 1981 the National Police arbitrarily detained Jaime Alonso, the national leader of FNT, when he was talking in the Plaza del Pilar in Saragossa, a place appointed some days earlier at a meeting called by Mr. Alonso for the holding of daily protest meetings against the granting by the Municipal Government of 35 new taxi licences it breach of the provisions of the National Rules the municipal ordinance and the ruling of the District Court of Justice of 28 October 1980, making the persons concerned sign a clause exonerating the municipal authority of responsibility in the event of the Supreme Court's ruling against the granting of those licences, as the District Court of Justice had already done. The complainant denies that Mr. Alonso was released after two days of detention.

B. The Government's reply

1. 99. The Government states in its communication of 12 March 1982 that the motor taxi service sector, in Saragossa, whose problems originated with the Municipal corporation's approval for the granting of 110 new licences on 19 November 1979, the issue of these licences being staggered in batches of 35 up to January 1983, experienced a period particularly disturbed by disputes during the last week of October and the first two weeks of November 1981, due to the activity at that time of the National Workers' Force Trade Union, and in particular of its national leader Jaime Alonso Garcia, against the granting of one of those batches of licences.
2. 100. The Government adds that, at that time, the National Workers' Force Trade Union and its leader, in addition to promoting and taking action designed to bring pressure to bear, such as meetings of the motor taxi sector, sit-ins and a hunger strike by members of the above service, intermittent partial and total stoppages of work, etc., held various gatherings outside the Saragossa Town Hall, on 9 and 10 November 1981, as well as other public demonstrations, without either the authorisation or the knowledge of the Civil Government, provoking a series of incidents linked with these actions, which involved various serious breaches of the peaceful co-existence of the citizens and offences against law and order, such as shouts and insults against the Corporation and municipal authorities, fighting between taxi drivers, damage to vehicles, etc., all of which gave rise to the intervention of the National Police. Faced with these events, the Civil Governor of Saragossa ordered the arrest of Jaime Alonso García, rational leader of the National Workers' Force on the assumption that he was responsible.
3. 101. The Government also states that, in compliance with the instructions of the Civil Government, Jaime Alonso Garcia was arrested on 10 November 1981 owing to the mass meeting of taxi drivers on that date in the Plaza del Pilar, and was held in the premises of the Police Headquarters, where the police formalities were completed, until 11.50 hours on 12 November, at which point he was handed over to the judicial authorities in accordance with the standard penal procedure in force, under the jurisdiction of the Number Three Court of Justice of Saragossa; the examining magistrate released Mr. Alonso Garcia without bail.

C. The Committee's conclusions

1. 102. The Committee notes the complainant's allegations and the Government's reply concerning the detention of the national leader of FNT, Mr. Jaime Alonso Garcia, from 10 to 12 November 1981, as a result of the dispute between the taxi drivers and the municipal authorities of Saragossa.
2. 103. The Committee observes that the complainant's and the Government's versions of the circumstances surrounding the detention of Mr. Alonso differ, since, while the former describes the arrest as arbitrary, the Government states that the FNT and Mr. Alonso were responsible for various mass meetings outside the Saragossa Town Hall on 9 and 10 November 1981, as well as other public demonstrations, without either the authorisation or the knowledge of the Civil Government, provoking a series of incidents linked with these actions which involved various serious breaches of the peaceful co-existence of citizens and offences against law and order such as shouts and insults against the Corporation and the municipal authorities, fighting between taxi drivers, damage to vehicles, etc., as a result of which the detention of Jaime Alonso was ordered.
3. 104. In this respect, the Committee must point cut, as it has done on previous occasions, that while the right of workers and their organisations to organise meetings and demonstrations is an essential right of freedom of association, workers' organisations must respect the law (Article 8 of Convention No. 87) and, specifically, those provisions which are intended to maintain law and order. Consequently, to the extent that the FNT and its national leader, Mr. Alonso, provoked incidents during the public demonstrations in question, such as shouts and insults against the Municipal Corporation, fighting between taxi drivers, damage to vehicles, etc., there can be no objection to the detention of the national leader of the FNT. The Committee further observes that the person concerned was released after two days. In these circumstances, the Committee considers that this case does not call for further examination.