Rapport intérimaire - Rapport No. 87, 1966

1. 285. The original complaints, in order of receipt, are contained in two telegrams dated 26 and 27 August 1965 addressed directly to the I.L.O and sent respectively by the Pan-Hellenic Federation of Workers in Electricity and Public Utility Undertakings and the Greek Federation of Press Employees, and in a communication dated 25 September 1965, also sent directly to the I.L.O, by the Pan-Hellenic Federation of Accountants. In two communications, dated respectively 23 September and 20 October 1965, the first two complainants furnished supplementary information in support of their complaints. All of these communications were forwarded to the Government, which furnished its observations in two communications dated 11 October and 17 November 1965.
2. 286. Greece has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), as well as the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 287. Essentially, the complainants allege that, on the occasion of a meeting followed by a procession on 19 August 1965 at Athens, four leaders of the Greek Federation of Press Employees were arrested. They were Messrs. Nicolas Katlas, President, Anasthase Dimou, General Secretary, Jean Papayianneas, Administrative Secretary, and Antoine Gerolymatos, member of the Executive Council.
2. 288. More precisely, the complainants state that the Greek Federation of Press Employees had organised a meeting for the purpose of claiming freedom of the press and campaigning against unconstitutional activities; following this meeting, which was attended by a large number of participants, a peaceful procession took place. According to the complainants, the authorities used the pretext of two motor cars being set on fire by unidentified persons two hours after the dispersal of the demonstration organised by the Greek Federation of Press Employees, to arrest the above four leaders and keep them under preventive detention. The complainants maintain that the acts of which these leaders were accused were in reality the work of agents provocateurs.
3. 289. In its comments the Government states the following: " During the night of 20 August 1965, certain events were provoked in Athens which led to disturbance of law and order and to acts of violence resulting in injuries to members of the police; these events were provoked by persons who participated in the demonstrations organised by the Greek Federation of Press Employees for purely political reasons."
4. 290. The Government goes on to state that " penal proceedings have been instituted by the Court of Summary Jurisdiction of Athens against nine members of the Executive of the Federation of Press Employees for acts of incitement to resistance and breach of the peace ":; The Court decided that four of these persons-those mentioned by the complainants should be placed under preventive arrest. Two of them, Messrs. Katlas and Gerolymatos, have been released on bail. According to the Government, an inquiry is being held to establish the liability of the four persons concerned.

B. B. The Committee's conclusions

1. 291. The Committee considers it difficult to establish the extent to which the demonstrations concerned may be regarded as trade union activities, or whether they were purely political in character. The fact that, according to the complainants themselves, they were intended among other things to " campaign against unconstitutional activities " gives the impression that political elements were not absent from the proceedings. The Committee also notes that the demonstrations in question seem to have been marked by acts of violence; though the views of the complainants and the Government do not coincide as regards who should be considered responsible for those acts, both parties agree that the acts were committed.
2. 292. Having made these observations, the Committee is also obliged to note that the four persons mentioned in the complaints-all of them trade union leaders-were placed under preventive arrest, although two of them were later released on bail. The Committee reiterates the opinion expressed in preceding cases to the effect that, in all cases in which trade union leaders are preventively detained, these measures may involve a serious interference with the exercise of trade union rights; in such cases it has always insisted on the importance of ensuring that all detained persons receive a fair trial at the earliest possible moment by an impartial and independent judicial authority.