Informe provisional - Informe núm. 211, Noviembre 1981

458. The Committee has already examined Cases Nos. 997 and 999 on two occasions, the Last being at its May 1981 session when it submitted an interim report to the Governing Body. The Committee also submitted an interim report in respect of Case No. 1029 to the Governing Body at its May 1981 session.

1. 458. The Committee has already examined Cases Nos. 997 and 999 on two occasions, the Last being at its May 1981 session when it submitted an interim report to the Governing Body. The Committee also submitted an interim report in respect of Case No. 1029 to the Governing Body at its May 1981 session.
2. 459. Since the Committee last examined these cases the ILO has received communications from the following complainant organisations: the Trade Unions International of Workers in Commerce (23 July 1981); the Trade Unions International of Textile, Clothing, Leather and Fur Workers (31 July 1981); the world Confederation of labour (WCL) (22 May, 30 June, 26 July, 28 August and 7 and 23 October 1981); the world Federation of Trade Unions (WFTU) (15 May, 22 July and 1 September 1981). In addition, the Trade Unions International of Workers in the Metal Industry (UIS metals) associated itself with the complaint of 22 July 1981 from the WFTU.
3. 460. During the same period the International Confederation of Free Trade Unions (ICFTU) made similar allegations in communications dated 17 July and 31 August 1981, and the International Metalworkers, Federation associated itself with the complaint made by the ICFTU on 12 August 1981.
4. 461. 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. Request for direct contacts

• (a) Background
  462. 462 The complaints referred in particular to the imprisonment and violent deaths of trade unionists, to restrictions imposed on the trade union activities of the Confederation of Unions of Progressive Workers (DISK), of the Confederation of Unions of Nationalist workers (MISK) and of numerous trade union organisations affiliated to them, and to the general abolition of the right to strike and the right of collective bargaining.
  463. 463 At its session in May 1981 the Committee, in addition to its conclusions on the substance of these cases, noted that the world Confederation of Labour had requested that a representative or a mission should be sent to Turkey to investigate the situation as regards the treatment of prisoners, the manner in which trials were conducted and the rights and freedoms of the trade union movements, its leaders and members.
  464. 464 The Committee therefore empowered its Chairman to contact the Government representatives of Turkey at the June 1981 Session of the International Labour Conference with a view to discussing the questions pending in these cases and in particular the possibility of a direct contacts mission to Turkey.
  465. 465 In accordance with this decision, the Chairman of the Committee met Mr. Kamran Inam, the Ambassador and Permanent Representative of Turkey in Geneva, and Mr. Turhan Esener, the Minister of Labour, during the 67th Session of the Conference on 12 and 16 June 1981 respectively. He explained that the Committee wished to know the Government's intentions regarding the possibility of a representative of the Director-General undertaking a direct contact- mission to discuss certain questions. The Minister of Labour informed the Chairman of the Committee that he was not in a position, without fully consulting the authorities of his country, to give a definitive reply on the matter. However, he emphasised that he trusted that the ILO would be able to provide valuable help and that his Government hoped to collaborate as closely as possible with the Organisation.
• (b) The Government's reply
  466. 466 In a communication dated 30 September 1981, the Government recalls that relations and possibilities for contacts between it and the ILO have always been open. It specifies that several ILO officials have been able to go to Turkey when they wished to have discussions with the authorities concerned on subjects within the sphere of their competence. The ILO has a representative in Ankara who enjoys all sorts of facilities including the possibility of contacts with the authorities. Lastly, the Permanent Mission in Geneva has always made a point of maintaining dialogue and co-operation with the ILO. The Government goes on to say that all these normal channels for contacts and communications remain open and consequently the need and even the desirability of setting up special procedures - as though there were no possibilities for normal contacts - is not justified. The Government adds that if the aim is to find out more about the present situation in Turkey as regards trade union matters, there is' nothing to prevent this aim from being achieved through the normal and usual channels already in existence. The Government states that the ILO can count on the co-operation of its authorities in any action it might undertake without any special arrangements being made. According to the Government, the present situation of Turkey is transparently clear and ILO officials, in the course of their normal contacts with the Turkish authorities, can raise whatever questions they wish. They will always be answered without having any need for a special status. But, the Government specifies, if the aim sought by recourse to special procedures is to carry out on-the-spot investigations to meet the wishes of the complainant organisations, it goes without saying that, for obvious reasons that have nothing to do with the trade union situation, the Government cannot even think of agreeing to this. The Government concludes by stating that at this stage it would be far more desirable and fruitful for mutual efforts to be devoted to making better use of the existing means of dialogue rather than seeking new types of contacts.

B. Death and detention of trade unionists

• (a) Previous examination
  468. 468 With regard to the substance of these cases the Committee, at its May 1981 session, noted that there were still 195 trade unionists under arrest. Furthermore since, according to the complainants, 126 death sentences had been called for by the military prosecutors, it expressed its deep concern about the trial of the trade union leaders and the heavy sentences, including the death penalty, incurred by the trade unionists. It noted with regret that the Government had not supplied detailed information about the situation of the trade unionists whose names had been mentioned by the complainants. Consequently it requested the Government to send as precise information as possible on the persons whose names appeared in the Annex to the 207th Report in respect of Cases Nos. 997 and 999 and in paragraph 351 of the 208th Report, as well as on any new fact relevant to Case No. 1029.
• (b) New allegations
  469. 469 Since then, the complainant organisations have communicated further allegations and additional information in support of their complaints. These relate to the death of a trade union leader and to further arrests and sentencing to prison of trade unionists, and include details concerning the official announcement that 52 death sentences have been called for by the military prosecutor in respect of the leaders of the DISK, and the announcement of a hunger strike said to have been started by Mrs. Oksan Yardimci, Legal Adviser of the DISK, who has been held without trial since January 1981 in the military prison of Métris.
  470. 470 Most of the complainant organisations allege that Keram Budak, the President of the Leather and Fur Workers' Union (ILERICI DEPT IS), was murdered by the police on 26 July 1981 when he was sitting in a shop in Istanbul (Zeytinburnu).
  471. 471 Furthermore, the WCL and the WFTU express their concern at the arrest of Mr. Ercüment Tahiroglu, a DISK lawyer, alleged to have been held by the authorities for three days as from 27 April 1981.
  472. 472 The WCL also alleges that the following persons have been arrested: Mr. Nusret Aydin, President of the Union of Hotel and Restaurant Workers (OLEY IS), Mr. Ekrem Etis and Mr. Bedri Doganay, President and General Secretary respectively of the Union of Office Workers (SOSYAL IS).
  473. 473 Furthermore, the ICFTU, which carried out an on-the-spot mission from 6 to 10 April 1981, explains in its report that ill-treatment is common and was, in particular, inflicted on Mr. Bastürk, the President of the DISK. The Confederation also points out that prison visits by the prisoners' families and lawyers take place in very unfavourable conditions.
  474. 474 Several complainant organisations also state that the No. 3 military court of Istanbul sentenced 14 members of the MADEN IS workers' choir to 5 years, 6 months and 20 days imprisonment and to house arrest it the Bursa district for one year, 10 months and 6 days. According to the complainants, the trade unionists thus sentenced under section 142 of the Penal Code were accused of Communist propaganda or the pretext that they had sung the Internationale at the 23rd National Congress of their union in December 1979 in Istanbul.
  475. 475 In addition, according to the WFTU, the No. 2 military court of Izmir sentenced 185 workers who were members of the TEKSTIL trade union to terms of 2 to 24 years' imprisonment. They were accused of having organised an illegal strike with occupation of premises at the beginning of 1980. According to the WFTU, the purpose of their strike was to protest against dismissals.
  476. 476 Furthermore, still according to the WFTU, on 3 July 1981 a civil court at Bakirköy (Istanbul) sentenced to 6 months' imprisonment and a fine of 500 Turkish pounds all the members of the executive Committee of the DISK between 1977 and 1980, namely Mr. Bastürk, Mr Isiklate, Mr. Nebioglu, Mr. Guven Zirtiloglu, Mr. Kocamanoglu and Mr. Aktulgali. These trade unionists are said to have been charged with organising a demonstration in March 1978 in protest against the murder of seven university students by rightwing terrorists and to have been sentenced for incitement of workers to an illegal strike.
  477. 477 The WFTU also alleges that another trial is taking place before a Bakirköy civil court at which DISK leaders are being charged for organising a "national mourning" campaign in September 1976 against a Bill providing for the setting up of state security courts. Still according to the WFTU, the persons charged had previously been acquitted but the decision to acquit them was appealed against and the case was to be heard on 25 September 1981.
  478. 478 The WFTU also states that a third trial is taking place before the same court where members of the executive Committee of the DISK are charged with infringing Act No. 275 in respect of collective bargaining, strikes and lock outs, for having organised on 30 June 1980 a national strike in protest against the ban on the holding of 1 May celebrations in Istanbul. Lastly, the WFTU alleges that a trial began on 28 May 1981 for the same causes before the No. 2 military court of Istanbul, involving 152 DISK leaders and militants, charged under Act No. 1402 in respect of the state of emergency and Act No. 275, with incitement to and participation in an illegal political strike. In this respect the lawyers for the defendants are said to have emphasised that three trials were taking place on the same matter, based on the same activities, against the same persons but with different charges.
  479. 479 Lastly, and above all, the WCL, the ICFTU and the WFTU express their deep concern at the declaration made by the military prosecutor of Istanbul, Colonel Suleyman Takkeci, which was broadcast and televised on 25 June, in which the prosecutor called for the death penalty in respect of 52 DISK federal, regional and national trade union leaders. The names of these 52 trade unionists whose lives are thus in danger are appended to the present report.
  480. 480 In this public declaration the prosecutor states that none of the activities by workers which have led to trials represent the legal exercise of the right to strike. He adds that these are not isolated events but that they were planned with a view to setting up a Marxist-Leninist order. The trial of the 52 leaders in question is designed to reveal that the DISK, which has declared economic, ideological and political war on the State, is behind these incidents. Furthermore, according to the prosecutor, there are some 2,000 suspects but it is clear that this number will only increase in the future. He also states that this first part of the trial concerns the DISK and that others will follow for other unions. In conclusion, the prosecutor is said to have requested that the 52 trade unionists should be tried in accordance with sections 141 and 146 of the Turkish Penal Code.
• (c) The Government's reply
  481. 481 For its part, the Government in its reply of 2 October 1981 states that, on 23 September 1981, the total number of trade unionists under arrest was still 195. Most of these persons are being prosecuted for infringements of sections 141, 142 and 146 of the Penal Code and some are charged with belonging to illegal secret organisations, with carrying and using explosives, with attempts to murder or to misappropriate funds. More exactly, of the 92 persons mentioned by the WCL, 39 are under arrest and the other 53 are neither held nor being prosecuted. Lastly, with regard to the seven persons mentioned in paragraph 351 of the 208th Report, only one, Mustafa Karadayi, is in prison. Arrest warrants have been issued in respect of the six others.
  482. 482 The Government also states that in Turkey there are no extraordinary courts. Each person brought to justice is tried by impartial and independent courts. The trade unionists who are under arrest enjoy all the facilities recognised by law to prepare their defence and to be represented and defended by the lawyers of their choice. Consequently there are no grounds for concern regarding the trade unionists' trial. On the subject of the 126 death sentences which, according to the WCL in its initial complaint, have been called for by the prosecutors, the Government adds that the fact that a sentence is called for cannot be considered a valid criterion for determining the sentence that will be called for other persons in other cases and that it would be wrong to confuse, whether intentionally or unintentionally, the penalties called for by the prosecutors and the sentences passed by the courts. The Government informs the Committee that, however many death sentences may have been demanded, the courts have so far passed only 14 such sentences, none of which concerned trade unionists.
  483. 483 In a communication dated 23 October 1981, the Government refers to the death of Keram Budak explaining that the authorities had been searching for him since September 1980 and that on 25 July 1981, a police unit, acting on an anonymous telephone tip, went to the place where he was said to be and wanted to carry out an identity check. The person in question suddenly tried to escape and the Government states that the police called on him to halt, then fired a warning shot in the air and then, after the usual warning, shot him to prevent him from getting away. He died while being transported to hospital and after checking his identity, he proved indeed to be Keram Budak.

C. Other allegations

• (a) Previous examination
  489. 489 In the preceding stages of its examination of the case, the Committee noted that the DISK and the MISK and their affiliate organisations were still under the control of the authorities and it had expressed the firm hope that the suspended Confederations and organisations would be restored to their former status. It pointed out firmly to the Government that it should give priority to lifting the suspension measures since the courts had not delivered any verdict on the alleged offences.
  490. 490 Furthermore, the suspension of the right to strike and the restrictions which remained as regards collective bargaining led the Committee to express its serious concern and the hope that the new legislation on freedom of association promised by the Government would enable trade union activities to return to normal.
• (b) New allegations
  491. 491 Since the last examination of the cases in question, the WCL has stated that the Government has appointed three administrators to manage the assets of the DISK which have been ceded to banking and government institutions. For its part, the WFTU specifies that the building under construction that was to be the headquarters of the DISK-GENERAL IS (Public Services union) has been taken over by the municipal authorities and that the DISK education and leisure centre has been rented by the administrators to the Tourism Bank for five years.
  492. 492 The ICFTU states that on 13 June 1981 the Commander in charge of the state of emergency suspended the YOL IS union of Izmir, bringing to three the number of regional unions affiliated to the TURK IS Confederation that have been suspended, namely those of Izmir, Ankara and Diyarbakir.
  493. 493 The complainant organisations recall that strikes have been banned since 12 September 1980 and that the High Commission for Arbitration set up by the Government makes only compulsory awards. Moreover, a new and permanent Act is said to ban strikes in the tourist industry during the high season.
  494. 494 The WFTU, in a communication dated 15 May 1981, alleges that the Government has deprived Mehmet Karaca, Kemal Deysal, Bahtiyar Erkul, President and Secretaries respectively of MADEN IS, of their nationalities together with Metin Denizmen, the President of the DISK/BANK-SEN on the grounds that they were tried and sentenced in their absence for Communist propaganda in the course of trade union activities when they sang the Internationale at a trade union congress in December 1979 and that they have taken refuge abroad.
• (c) The Government's reply
  495. 495 In its reply of 2 October 1981, the Government once again states that the suspension of the activities of certain trade union organisations and the restrictions on the exercise of certain trade union rights are provisional measures made necessary by the exceptional circumstances and the particular character of the transition period the country is going through it adds that the evolution of the trade union situation depends on that of the country in general. In so far as circumstances will permit, the restrictions in question will of course be removed. Measures towards a general and realistic return to normality in the country are gradually being applied, the Government states, an example of which is the forthcoming convening of the Constituent Assembly to draft the new Constitution and the decrease to 45 days of the period of policy custody.

A. Request for direct contacts

• c) The Committee's conclusions
  467. 467 The Committee can only take note of the position thus taken by the Government. It would emphasise, however, that the wish it expressed regarding the possibility of an on-the-spot mission in no way constitutes an attempt to establish new types of contacts on the contrary, such visits on-the-spot constitute a practice used more and more frequently by governments and the Committee to help in reaching solutions to the problems at issue. In these circumstances, the Committee hopes that the Government will re-examine its decision in this regard and will accept the principle of an on-the-spot visit of a representative of the Director-General so as to examine together the questions pending in the present cases.

B. Death and detention of trade unionists

• d) The Committee's conclusions
  484. 484 The Committee can only deeply regret the climate of insecurity and violence which surrounds the trade union movement and which has led to the death of the trade unionist Keram Budak, who died, in the Government's own words, from wounds inflicted by the police when he took flight to escape from them. On this point, the Committee recalls the extreme importance that it attaches to the right to security of the person and it notes with concern that it now has to regret the loss of two human lives in this affair. The Committee has already urged the Government to take the strictest measures so that such incidents will not reoccur and it can only reiterate its request.
  485. 485 In addition, the Committee notes with deep concern that the death penalty has been called for in respect of a large number of trade unionists and that most of the other trade unionists being tried are also liable to the death penalty. The Committee considers this situation all the more alarming since the specific acts in respect of which charges have been laid are mostly connected with the exercise of trade union type activities such as, for example, the organisation of demonstrations on 1 May or protest strikes against dismissals. Moreover, the Committee observes that the activities in some cases date from a long time ago. In these circumstances, the Committee firmly trusts that the sentences called for against the trade unionists will not be pronounced and it recalls that the trade unionists must not be sentenced for actions which normally constitute trade union activities.
  486. 486 As regards the allegations of ill-treatment inflicted on imprisoned trade unionists and in particular on Mr. Bastürk, the Committee emphasises with the greatest firmness the importance that should be attached to the principle laid down in the Universal Declaration of Human Rights and in the International Covenant on Civil and Political Rights according to which all persons deprived of their liberty must be treated with humanity and with respect for "the inherent dignity of the human person.
  487. 487 As regards the allegations concerning the unfavourable conditions in which visits by lawyers to their clients take place, including the arrest for three days of the DISK lawyer, the Committee recalls that arrested trade unionists, like any other persons, should benefit from normal judicial procedure and be entitled to well administered justice, namely to be informed of the charges against them, to have the necessary time to prepare their defence, to communicate with counsel of their choice without hindrance and to be judged without delay.
  488. 488 The Committee requests the Government to keep it informed of the results of the trials under way, particularly in respect of the situation of the 52 trade unionists who are liable to capital punishment and the other trade unionists being tried before civil and military courts, and to supply detailed information on the ill-treatment alleged to have been inflicted on imprisoned trade unionists.

C. Other allegations

• d) The Committee's conclusions
  496. 496 The Committee, while noting the observations thus made, deeply regrets the fact that no improvement has occurred regarding the lifting of measures of suspension of trade union activities which have now been in force for more than a year. On the contrary, the Committee notes that further measures have been adopted which restrict trade union activities even more. Thus unions belonging to the only Confederation whose activities continued (TURK IS) have been suspended. In the circumstances, the Committee recalls how important it considers it to be that all measures such as those taken by the Government during the past year and which undermine the free exercise of freedom of association should be limited in their duration and scope to the immediate period of emergency. It once again expresses the firm hope that the country will return to a normal trade union situation. It requests the Government to keep it informed of any progress made in this field.
  497. 497 The Committee also requests the Government to communicate its observations on the allegations concerning the use of the DISK trade union assets and the allegation that trade unionists have been deprived of their nationality.

Z. ANNEX

• APPENDIX
• List of DISK leaders in danger of incurring the death penalty
  5. The 52 DISK leaders are all members or former members of the executive bodies of the Confederation and its member unions.
• Members of the Executive Committee
  1. 1 Abdullah Bastürk President, President of GENEL-IS Member of the Executive Bureau of the PSI (ICFTU), Former M.P. of the People's Republican Party
  2. 2 Fehmi Isiklar General Secretary, Member of the MADEN-IS (metallurgy)
  3. 3 Riza Guven Secretary, Former President of TEKSTIL (textiles)
  4. 4 Mukbil Zirtiloglu Secretary, Former President of OLEYIS (hotel trade)
  5. 5 Suleyman Celebi(a) Secretary, Secretary of TEKSTIL
  6. 6 Kemal Nebioglu(b) Secretary 1977-80, Former President of GIDA-IS (food)
  7. 7 Tuncer Kocamanoglu Secretary 1977-80, Former President of D. TOPRAK-IS (agriculture)
  8. 8 Mustafa Aktulgali Secretary 1977-80, President of KERAMIK-IS (ceramics)
• Members of the Administrative Committee
  9. 9 I. Hakki Onal Secretary of GENEL-IS
  10. 10 Belguzar Can Secretary of GENEL-IS
  11. 11 Ekrem Akkus Secretary of GENEL-IS
  12. 12 D. Ali Yalniz President of LASTIK-IS (rubber)
  13. 13 Celal Kucuk General Secretary of LASTIK-IS
  14. 14 Kenan Akman Secretary of LASTIK-IS, Former M.P of the People's Republican Party
  15. 15 Nusret Aydin President of OLEYIS, Former head of the Workers' Committee of the People's Republican Party
  16. 16 Tahir Gurer Secretary of OLEYIS
  17. 17 Ridvan Budak President of TEKSTIL
  18. 18 Mustafa Karadayi President of PETKIM-IS (petrochemicals), Auditor of the ICPS (WFTU)
  19. 19 Demirhan Tuncay President of the GIDA-IS
  20. 20 Selahattin Sayin President of the TEKGES-IS (gas, electricity, water)
  21. 21 Ozcan Keskec President of the SOSYAL-IS (employees)
  22. 22 Aksin Koc President of the FINDIK-IS (employees)
  23. 23 Yalcin Talaka President of the TIS (agriculture)
  24. 24 Ismet Cantekin (c) President of the DEV MADEN-SEN (miners)
• Members of the Administrative Committee 1977-80
  25. 25 Halil Hayta President of the TUMHAS-IS (health)
  26. 26 Mehmet Mihlaci Secretary of the GIDA-IS
  27. 27 Kemal Yilmaz Leader of the LASTIK-IS
  28. 28 Niyazi Kuas Leader of the LASTIK-IS
  29. 29 Ali Sayin Leader of the LASTIK-IS
• Members of the Supervisory Committee
  30. 30 Fikri Tanta LASTIK-IS
  31. 31 Mehmet Bekirogullari LASTIK-IS
  32. 32 Kemal Akar OLEYIS
  33. 33 Ali Kocaman OLEYIS
  34. 34 Ismail Ozbicer GENEL-IS
• Members of the Disciplinary Committee
  35. 35 Talat Oz LASTIK-IS
  36. 36 Turker Adakli LASTIK-IS
  37. 37 Osman Ozkan LASTIK-IS
  38. 38 Ismail Caliskan GENEL-IS
  39. 39 Cemal Arslan GENEL-IS
  40. 40 Ergun Erdem MADEN-IS
  41. 41 Ali Taser
  42. 42 Saban Aygin
• Secretaries representing local or regional trade unions
  43. 43 Ali Kaya MADEN-IS
  44. 44 Recep Koc MADEN-IS
  45. 45 Tayyar Elmas MADEN-IS
  46. 46 Celal Alcinkaya MADEN-IS
  47. 47 Hasan Kahraman MADEN-IS
  48. 48 Saim Akbulut GENEL-IS
  49. 49 Rafet Demirtel GENEL-IS
  50. 50 Yusuf Yurekli
  51. 51 Suleyman Turan
  52. 52 Sefer Guvenc