Informe provisional - Informe núm. 78, 1965

1. 117. This case has already been examined by the Committee on a number of occasions. It has submitted to the Governing Body the conclusions contained in paragraphs 178 to 191 of its 62nd Report, 134 to 144 of its 70th Report, 55 to 92 of its 72nd Report and 95 to 107 of its 76th Report.

A. A. The complainants' allegations

1. 118. In paragraph 107 of its 76th Report the Committee submitted the following recommendations to the Governing Body:
2. 107. As regards the case as a whole the Committee recommends the Governing Body:
   • (a) to take note of the release of Messrs. Issataha and Ara Khachadoor;
   • (b) to request the Government to be good enough to inform it of the outcome of the proceedings before the national courts against Messrs. Ali Shukur, Sadik El Falahi and Kuleban Salih, and, in particular, to supply the text of the judgment pronounced, together with the reasons therefor;
   • (c) to request the Government to be good enough to specify more precisely what steps it has taken to ensure the restoration of full freedom of association in Iraq, and in particular, the right of workers' organisations to function in accordance with the principles enunciated in subparagraph (c) of paragraph 92 of the 72nd Report of the Committee;
   • (d) to note the Government's statement that the basis for a deportation order being made against Mr. Issa Khidir Taha was the fact that he was an alien who committed unlawful acts, but to draw attention to the principle that all persons lawfully resident within a country should have the right to join trade unions without discrimination;
   • (e) to take note of the present interim report of the Committee, it being understood that the Committee will report further to the Governing Body as soon as it is in possession of the information requested under subparagraphs (b), (c) and (d) above.
3. 119. These recommendations were approved by the Governing Body at its 159th Session (June-July 1964) and were brought to the notice of the Government of Iraq by a letter dated 18 June 1964. The Government furnished further information by a letter dated 24 October 1964.
4. 120. The Government states that the hearing of the charges of joining a secret, unlicensed political party and of performing actions aiming to disturb the peace and security of the State preferred against Messrs. Ali Shukur, Sadik Jaafar El Falahi and Kuleban Salih has been concluded. These charges had nothing to do with their status as organised workers. After considering the case in accordance with the current national laws the court gave judgment on 10 August 1964, sentencing each of the accused to ten years' imprisonment. Mr. Ali Shukur, being a fugitive, was judged by default.
5. 121. The Government explains that new trade unions have been set up after having held free elections and that these are now functioning. A General Federation of Trade Unions has been formed and licensed and held its first conference on 13 October 1964. The Government adds that its elections were held in accordance with its rules.
6. 122. With regard to the case of Mr. Issa Khidir Taha, former Vice-President of the General Federation of Trade Unions of Iraq, who had been deported from Iraq, and concerning whose case the Committee submitted its definitive conclusions to the Governing Body in paragraph 107(d) of its 76th Report, the Government states that the National Labour Law gives an alien worker the right to join the appropriate trade union for his occupation but does not permit him to undertake any administrative responsibility in the trade union. He can, however, enjoy his trade union rights like a national worker. The Government reaffirms that the person in question was not convicted on account of being an alien or a trade unionist but was simply deported on grounds of public interest and security.

B. B. The Committee's conclusions

1. 123. The Committee observes that the Government has not, as requested by the Governing Body, furnished the texts of the judgments handed down in the cases of Messrs. Ali Shukur, Sadik Jaafar El Falahi and Kuleban Salih, simply stating that they were found guilty on charges having no connection with their trade union status-charges of joining a secret, unlicensed political party and of performing actions aiming to disturb the peace and security of the State.
2. 124. In the past, where governments have failed to accede to requests by the Governing Body to furnish the texts of judgments handed down in the cases of trade unionists accused of criminal offences on the ground that the charges did not relate to the trade union activities of the persons concerned, the Governing Body has, on the recommendation of the Committee, rejected such arguments, stating that the question whether the formulation of charges of having committed crimes on the basis of facts and allegations involving the exercise of trade union rights is to be regarded as a matter relating to a criminal offence or a matter related to the exercise of trade union rights is not one which can be determined unilaterally by the government concerned in such a manner as to prevent the Governing Body from inquiring further into it. That is why, in so many of such cases, the Committee or the Governing Body has requested the governments concerned to communicate the texts of the judgments given and of the reasons adduced therein. The request for the transmittal of the judgments, therefore, is not a singular proceeding for the Committee to follow in a particular case, but is its normal practice, to which it has recourse in order to assess to the full the facts contested in a complaint.