Interim Report - Report No 85, 1966

Case No 421 (United Kingdom of Great Britain and Northern Ireland) - Complaint date: 23-NOV-64 - Closed

1. 516. The complaint of the Arab Federation of Petroleum Workers (Cairo), dated 23 November 1964, and the observations thereon furnished by the Government, on 25 January 1965, were considered by the Committee at its meeting in February 1965, when the Committee submitted to the Governing Body the interim report contained in paragraphs 194 to 203 of its 81st Report.
2. 517. The United Kingdom has ratified the Right of Association (Non-Metropolitan Territories) Convention, 1947 (No. 84), the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and has declared them to be applicable without modification to Aden.

A. A. The complainants' allegations

1. 518. The complainants alleged that the following executive members of the Aden Petroleum Trade Union had been arrested by the authorities in Aden without valid reason: Messrs. Farouk Mekkawi, Ahmed Ali Hiethem and Mohamed El Aboudi, arrested on 27 August 1964; Messrs. Ahmed Abdel Malek, Taha Ali Mohamed Saad, Naser Omar, Ali Ahmed Hammami and Ahmed Hiedra, arrested on 14 October 1964; Mr. Taha Ghanem, arrested on 15 October 1964.
2. 519. It appeared from the Government's reply dated 25 January 1965, analysed more fully in paragraphs 197 to 201 of the Committee's 81st Report, that of the nine persons named Messrs. Mohamed El Aboudi and Taha Ali Mohamed Saad had been released, while the Government had no record of any person named Ahmed Abdel Malek having been arrested on 14 October 1964.
3. 520. The Committee observed, in paragraph 202 of its 81st Report, that in numerous cases in the past in which trade union officers or members were preventively detained it has pointed out that in all such cases such measures may involve a grave interference with the exercise of trade union rights which it would seem necessary to justify by the existence of a serious emergency and which would be open to criticism unless accompanied by adequate judicial safeguards applied within a reasonable period, and that it should be the policy of every government to take care to ensure the observance of human rights and especially of the right of all detained persons to receive a fair trial at the earliest possible moment.
4. 521. The Committee submitted to the Governing Body the recommendations contained in paragraph 203 of its 81st Report, which reads as follows:
   • In these circumstances the Committee, while appreciating the troubled nature of the situation in Aden in recent years, recommends the Governing Body:
     • (a) to draw the attention of the Government to the importance which it attaches to the observance of the right of all detained persons to receive a fair trial at the earliest possible moment;
     • (b) to request the Government to be good enough to indicate whether any of the persons indicated are still in detention and, if so, whether legal proceedings have been brought against them or when it is anticipated that such proceedings will be instituted;
     • (c) to take note of the present interim report...
   • 522. In a communication dated 26 May 1965 the Government states that no trade union officials or members are in detention because of trade union activities, that detentions are kept under review and that detainees are released to the extent that this is possible without impairing the capacity of the security authorities to conduct their operations against the terrorist acts that still persist.
5. 523. In a communication dated 13 August 1965 the Government states that of the nine persons listed by the complainant, five have so far been released, including a Mr. Abdel Malik Israel Mohamed (if this is the person referred to by the complainants as Mr. Ahmed Abdel Malek). The four persons still in detention are Messrs. Faruq Mohamed Abdul Rahiman Makkawi (referred to by the complainants as Farouk Mekkawi), Ali Ahman Ali Hamami (named by the complainants as Ali Ahmed Hammami), Ahmed Haidra (named by the complainants as Ahmed Hiedra) and Taha Ahmad Ghanim (named by the complainants as Taha Ghanem). The authorities state that these four persons cannot at present be brought to trial, that they are detained under Emergency Regulations and that their release date cannot be anticipated, as their presence at large at this time would be prejudicial to the maintenance of public order and security. The Government affirms again that the detention of the persons in question arises solely from the need to combat subversion and terrorism and is no way connected with trade union activities.

The Committee's recommendations

1. 524. In these circumstances the Committee recommends the Governing Body:
   • (a) to draw the attention of the Government once again to the importance which it attaches to the observance of the right of all detained persons to receive a fair trial at the earliest possible moment;
   • (b) to draw attention to the fact that the four trade unionists still in detention have now been held for over 12 months without trial;
   • (c) to express the hope that, in accordance with the principle enunciated in subparagraph (a) above, these persons will either be released or brought to trial at the earliest possible moment;
   • (d) to request the Government to inform the Governing Body as a matter of urgency as to what steps it is intended to take in this connection;
   • (e) to take note of the present interim report, it being understood that the Committee will report further on the matter to the Governing Body when the information referred to in subparagraph (d) above has been received.