Definitive Report - Report No 81, 1965

Case No 260 (Iraq) - Complaint date: 07-FEB-61 - Closed

1. 45. The Committee, having already submitted interim reports on this case to the Governing Body in paragraphs 178 to 191 of its 62nd Report, paragraphs 134 to 144 of its 70th Report, paragraphs 55 to 92 of its 72nd Report and paragraphs 95 to 107 of its 76th Report, examined the matter further at its meeting in November 1964, when it submitted to the Governing Body the conclusions contained in paragraphs 117 to 125 of its 78th Report, which was approved by the Governing Body at its 160th Session (November 1964).

A. A. The complainants' allegations

1. 46. Paragraph 125 of the 78th Report, containing the recommendations of the Committee, reads as follows:
2. 125. In these circumstances the Committee recommends the Governing Body:
   • (a) to take note of the Government's statement that, following free elections, new trade unions and a General Federation of Trade Unions are now functioning in Iraq;
   • (b) to take note of the statement furnished by the Government that the former Vice-President of the General Federation of Trade Unions of Iraq was not convicted on account of being an alien or a trade unionist but was simply deported on grounds of public interest and security;
   • (c) to repeat its request to the Government, having regard to the considerations set forth in paragraph 124 above, to be good enough to furnish the text of the judgment, together with the reasons adduced therein, rendered in the case of Messrs. Ali Shukur, Sadik Jaafar El Falahi and Kuleban Salih;
   • (d) to take note of the present interim report of the Committee, it being understood that the Committee will report further to the Governing Body when the information referred to in subparagraph (c) above has been received.
3. 47. By a communication dated 10 January 1965 the Government forwarded copies of the judgment rendered in the case of Messrs. Ali Shukur, Sadik Jaafar El Falahi and Kuleban Salih and of the reasons adduced therefor.
4. 48. From these documents it appears that the three accused, of whom Mr. Ali Shukur was tried in absentia, were sentenced to ten years' imprisonment pursuant to section 31 of Chapter 12 (Revised) of the Baghdad Penal Code, to three years' imprisonment pursuant to section 15/14/3 of the Military Decree, and to six months' imprisonment pursuant to section 43 (concerning societies) of the Baghdad Penal Code. According to the reasons adduced, all three were found to be members of the " secret, unlicensed Communist party " and to have distributed publications and propaganda on behalf of that party.
5. 49. While Mr. Ali Shukur was head of the General Federation of Trade Unions of Iraq, it is stated in the documents submitted, he participated in the torture of workers in a torture room of the official premises of the railways to force workers to join the Communist party. He was detained for a time after having represented Iraqi workers at festivities in connection with the October Revolution in Moscow, later being dismissed from his work because of his party activities.
6. 50. The documents state that the other two accused had committed similar acts while holding trade union office and that Mr. Kuleban Salih was an ex-chief of the Ittihad el Shaab, described as a special group of persons who threatened and killed those who were openly against communism.
7. 51. With regard to the cases of the three accused it would appear from the documents now furnished by the Government that sentence was pronounced on the ground that they belonged to an unlawful political party and committed acts to further the aims of that party and illegally persecuted persons who did not belong to that party. According to the documents adduced, these acts were criminal acts not related to lawful trade union activity.
8. 52. The Committee has already, in earlier reports, submitted to the Governing Body its definitive conclusions regarding the other issues raised in the case.

The Committee's recommendations

1. 53. In these circumstances the Committee recommends the Governing Body:
   • (a) to note that the Government has now furnished a copy of the judgment rendered, accompanied by the reasons adduced therefor, in the case of Messrs. Ali Shukur, former General Secretary of the General Federation of Trade Unions of Iraq, and Messrs. Sadik Jaafar El Falahi and Kuleban Salih, former General Secretaries respectively of the Iraqi Railway Workers' Union and Mechanics' Union;
   • (b) to note further that, according to the documents so adduced, the three accused were sentenced for having belonged to and committed unlawful and criminal acts on behalf of a proscribed, secret, political party;
   • (c) to decide that, having regard to the fact that definitive conclusions have previously been submitted by the Committee to the Governing Body on the other matters alleged, the case should now be regarded as closed.