Interim Report - Report No 28, 1958

Case No 136 (United Kingdom of Great Britain and Northern Ireland) - Complaint date: 29-DEC-55 - Closed

1. 145. The Committee at its 16th Session (Geneva, February 1957) had before it a series of communications from various trade union organisations concerning alleged infringements of trade union rights in Cyprus. The Committee formulated its conclusions on the majority of the allegations, with an interim report on certain of the allegations, in its 25th Report, which was approved by the Governing Body at its 134th Session (Geneva, March 1957).
2. 146. The Committee, at its 17th Session (Geneva, May 1957), resumed its examination of the allegations on which it had presented an interim report at its preceding session, and formulated its conclusions and recommendations on these outstanding allegations to the Governing Body in its 26th Report, which was approved by the Governing Body at its 135th Session (Geneva, May-June 1957).

A. A. The complainants' allegations

1. 147. At its 18th Session (Geneva, October 1957), the Committee had before it a further complaint, submitted on 28 June 1957 by the International Confederation of Free Trade Unions, in which it was alleged that the Government had not given effect to the recommendations already made by the Governing Body, when adopting paragraph 156 (a) of the Committee's 26th Report, with respect to the matters raised in the allegations relating to the arrest and detention without trial of trade union leaders and members. At the same time, the Committee examined a communication dated 10 October 1957 from the Government, in which the latter stated that it was not possible to bring the detained, persons to trial but that all cases of detention were being reviewed and 285 persons had already been released.
2. 148. In these circumstances the Committee, after noting the information given by the Government, took the view that no new elements of substance were raised, either in the complaint of the I.C.F.T.U or in the communication from the Government, to cause it either to amplify or modify the recommendations made in its 26th Report. Accordingly, the Committee repeated those recommendations in substance in paragraph 399 of its 27th Report, which reads as follows:
3. 399. The Committee therefore recommends the Governing Body to note the Government's statement that the review of all detention cases by an Advisory Committee presided over by a former judge is still continuing and that 285 persons were released under the review procedure in the period June-September 1957 ; to draw the attention of the Government once again to its view that holding persons indefinitely in custody without trial on account of the difficulty of securing evidence according to normal legal procedure is a practice which involves inherent danger of abuse and is for this reason subject to criticism ; to draw the attention of the Government once again to the importance which it attaches to the right of all detained persons to receive a fair trial at the earliest possible moment, and to express the hope that the Government will bear this principle in mind and will inform the Governing Body as quickly as possible as to the legal or judicial proceedings which may be instituted in the case of those of the persons in question who may still be in custody after the conclusion of the current review of detention cases, and as to the results of such proceedings.
   • These recommendations were approved by the Governing Body at its 137th Session (Geneva, October-November 1957).
   • ANALYSIS OF THE GOVERNMENT'S LATEST REPLY
4. 149. In response to the Governing Body's request for information the Government of the United Kingdom, in a communication addressed to the Director-General on 14 February 1958, made the following observations:
   • As the Government's earlier replies regarding these allegations have made clear, there is no inconsistency between the views of the Governing Body and those of the Government on the Detention of Persons Law under which the trade unionists in question are detained. As has been stated, such legislation represents a departure from the customary standards of administration of justice in British territories which, regrettably, has been made necessary by the fear and intimidation spread by the terrorist organisation E.O.K.A, as a result of which those citizens who were opposed to terrorism and were prepared to give information to the authorities regarding acts of lawlessness, were not willing to appear as witnesses in the open proceedings of a court of law.
   • The murder of over a hundred Cypriots by E.O.K.A has naturally intensified fear of giving open evidence against terrorists. Threats of violence have continued against people alleged not to support E.O.K.A. A feature of this has been the beating up of members and officials of the old trade unions, at times by masked and armed men, apparently as part of the policy of E.O.K.A, whose responsibility for incidents of this kind has been openly admitted in its pamphlets. Such is the extent to which intimidation prevails that none of those assaulted in this way have been prepared to make a statement to the police regarding their assailants.
   • In these circumstances, it would be unrealistic to expect that it will soon be possible to bring to trial persons implicated in terrorism and still in detention. This could be done only if intimidation and threats of renewed violence by the terrorists were removed and witnesses were able to give evidence freely and without fear of assassination.
   • This does not, of course, imply that the persons concerned will be kept in detention any longer than necessary. As has been stated in the Government's earlier letters, the case of each detainee is kept under constant review. This process has continued under the new Governor, who also, as a practical demonstration of his purposes, ordered shortly before Christmas the release of 100 detainees, including all women detainees. By the end of January 212 more persons altogether had been released from detention since the figure of releases quoted in the Government's letter of 10 October 1957. Of the 127 trade unionists of whom mention has been made in the various allegations supplied, 82 have now been released. The Cyprus Government has, moreover, repeatedly made it clear that no one is in detention on account of legitimate trade union activities.
   • As the Governor intimated at the time of the Christmas releases, " as long, however, as the emergency continues with any threat or possibility of a renewal of disorder and violence, it would be impossible to remove the emergency regulations and release all those detained ". Responsibility for the continued detention of the more serious cases rests with those who refuse to abandon, or who countenance, terrorist methods and continue to threaten a renewal of violence.

B. B. The Committee's conclusions

1. 150. The Committee notes that the Government emphasises that there is no difference in principle with regard to detention between the Government and the Governing Body, but that the exceptional circumstances have forced the Government in this instance to depart from the customary standards of administration of justice in British territories. While again stating, as it did in earlier b communications already examined by the Committee, that it is impossible to bring the persons detained to trial because of the extent to which witnesses are intimidated, the Government, in its latest communication, gives details of various incidents which have occurred (murder, armed assaults and threats of violence) of a nature calculated to deter witnesses from giving evidence.
2. 151. The Committee also notes that considerable progress has been made under the review procedure applicable to detention cases in reducing the numbers of those detained. At its last session the Committee noted a statement by the Government that 285 persons had been released between June and the end of September 1957. The Government now states that a further 212 persons were released during the period October 1957-January 1958 inclusive. Of the 127 trade unionists mentioned in the various complaints examined by the Committee, 82, according to the Government, have now been released under the review procedure. The review procedure continues to be operated.

The Committee's recommendations

1. 152. In these circumstances the Committee recommends the Governing Body to note the Government's statement that under the review procedure applicable to cases of detention, 82 of the 127 trade unionists referred to in the various complaints have now been released, to request the Government to make every endeavour to afford a fair trial at the earliest possible moment to those still detained, and to keep the Governing Body informed as to the legal or judicial proceedings which may be instituted with regard to them and the results of such proceedings and also as to further releases of detained trade unionists which may take place by virtue of the application of the review procedure.