Rapport intérimaire - Rapport No. 49, 1961

1. 266. This case was examined by the Committee at its meeting on 20 May 1960, when it submitted to the Governing Body the interim report contained in paragraphs 138 to 153 of its 47th Report, approved by the Governing Body at its 145th Session (27-28 May 1960).

A. A. The complainants' allegations

1. 267. The complaint of the Greek Federation of Workers in Electricity and Public Utility Undertakings consisted of two series of allegations, the first concerning the arrest and deportation of Mr. Nicolas Charaghionis, former General Secretary of the complaining organisation, and the second dealing in general terms, though supported by specific allegations, with the trade union position in Greece.
2. 268. With respect to the second series of allegations the Committee, having taken cognisance of the complaint and the reply of the Greek Government, took the view that the complainants had not furnished proof to show that, in the instances alleged, the exercise of trade union rights had been infringed; consequently it recommended the Governing Body to decide that that part of the case did not call for further examination.
3. 269. The conclusions of the Committee, as approved by the Governing Body, having been communicated to the Greek Government and to the complaining organisation, the latter supplied new information on this aspect of the case by a communication dated 5 August 1960.
4. 270. In the past the Committee has never reopened a case (or part of a case) except in the event of new facts being brought to its knowledge. In the case in question the complainants' communication of 5 August 1960, while giving some supplementary explanations, contains nothing which would seem to justify a re-examination of the matter by the Committee. For its part the Greek Government, to whom the supplementary information furnished by the complainants had been communicated for comment, stated in a letter dated 23 September 1960 that it had nothing to add to the statements already made in its previous communications on the subject.
5. 271. In these circumstances the Committee considers that there are no grounds for it to modify the conclusions which it reached in May 1960 on this aspect of the case, and which were approved by the Governing Body.
6. 272. As regards the other allegations contained in the complaint, concerning the arrest and deportation of Mr. Nicolas Charaghionis, former General Secretary of the Greek Federation of Workers in Electricity and Public Utility Undertakings, the Committee noted that the Government had answered the assertion of the complainants that the action taken against Mr. Charaghionis was due to his trade union activities by stating that this action had been taken for purely political reasons, as a result of certain activities engaged in by Mr. Charaghionis completely outside the sphere of his trade union activities.
7. 273. The Committee began by recalling the view which it expressed in several earlier cases on the application of measures which, even though of a political character and not intended to restrict trade union rights as such, may nevertheless affect the exercise of such rights. It further recalled that, if in certain cases it has reached the conclusion that allegations relating to measures taken against trade union militants or leaders did not call for further examination, this has been after it has received information from the governments showing sufficiently, precisely and with sufficient detail that the measures were in no way occasioned by trade union activities but solely by activities outside the trade union sphere which were either prejudicial to public order or of a political nature. The Committee then noted that the Greek Government had not defined the activities which had provoked the measures taken against Mr. Charaghionis, and for this reason it deemed it necessary, in order to be able to formulate a conclusion in full knowledge of all the circumstances, to obtain from the Government more detailed information as to the precise reasons which led to the measures complained against and particularly as to the specific activities held against the person concerned, and it made a recommendation to this effect to the Governing Body.
8. 274. Furthermore, after recalling the importance which it has always attached to the principle that all detained persons, including trade unionists, should be judged promptly by an impartial and independent judicial authority, the Committee considered it necessary to obtain from the Greek Government further information as to the procedure followed when the measures in question were taken against Mr. Charaghionis and as to the guarantees by which such procedure was attended, and made a recommendation to this effect to the Governing Body.
9. 275. The Committee's recommendations, after approval by the Governing Body, were transmitted to the Greek Government by a letter dated 1 June 1960. The Government replied by a communication dated 22 July 1960.
10. 276. In its reply the Government, after having expressed the view that the fact of being a trade unionist should not exempt a person from the obligation of observing the laws governing the life of the nation, repeats its assertion that Mr. Charaghionis was arrested and deported not because of his trade union activities but as a consequence of unlawful acts which had no connection with trade unionism. It still does not define in any way the exact nature of these " unlawful acts ".
11. 277. In these circumstances, having regard to the principle referred to in paragraph 273 above, the Committee recommends the Governing Body to urge the Greek Government to furnish the specific supplementary information already requested from it, i.e. more detailed information as to the precise reasons which led to the measures complained against and, in particular, as to the specific activities held against the person concerned.
12. 278. In reply to the request for further information referred to in paragraph 274 above, the Government states that there exists in Greece, in addition to the penal procedure, another system of prosecution permitting the deportation of any person suspected of having committed acts with a view to assisting brigands, wanted persons or smugglers or any person having committed acts prejudicial to public order, peace and the security of the country. Deportation is therefore a special penalty inflicted by virtue of a special procedure. Decisions on deportation are taken by special public security committees operating in each province, which consist of the prefect, the president and prosecutor of the court of first instance, with the chief of the gendarmerie (or the chief of police in large towns) as reporter. The law has set up at the seat of each court of appeal public security committees of second instance, consisting of the prefect and the president and prosecutor of the court of appeal, to whom any person convicted may appeal within three days of being notified of the decision of the committee of first instance. Accused persons may brief a lawyer to act for them in these proceedings. The prosecutor plays a leading role in assembling the necessary evidence.

B. B. The Committee's conclusions

1. 279. The Committee has already examined cases concerned with this public security committee procedure. In those cases it concluded that, in so far as the measure instituting the committees was introduced for purely political purposes, it is not called upon to express any view on the institution of those committees or on the procedure followed before them, under which persons may be deported for having committed acts contrary to the tranquillity of public order or to the safety of the State. While recognising that such a procedure may have been motivated by the critical situation in Greece at the time of the Civil War, a situation of which it has had to take account when examining allegations submitted to it on earlier occasions, the Committee nevertheless drew attention to the desirability of ensuring that this procedure be attended by all the necessary safeguards to guarantee that it may not be utilised with the object of restricting the free exercise of trade union rights and to the importance which it attaches to the principle that trade unions should be able to perform in freedom their mission of defending occupational interests.
2. 280. The Committee therefore maintains its previous attitude on this point and recommends the Governing Body to reaffirm it.