Interim Report - Report No 90, 1966

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

1. 255. The Committee has already submitted interim reports on this case in paragraphs 194 to 203 of its 81st Report, paragraphs 516 to 524 of its 85th Report and paragraphs 277 to 284 of its 87th Report.
2. 256. 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.

257. It was alleged originally, in the complaint dated 23 November 1964, that nine executive members of the Aden Petroleum Workers' Union had been arrested. At its meeting in November 1965 the Committee had before it a communication from the Government dated 13 August 1965, in which the Government stated that five of the persons concerned had been released, the four still in detention being Messrs. Faruq Mohammed Abdul Rahiman Makkawi (referred to by the complainants as Farouk Mekkawi), Ali Ahmad 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 stated that these four persons could not then be brought to trial, that they were detained under Emergency Regulations and that their release date could not be anticipated, as their presence at large at that time would be prejudicial to public order and security. The Government repeated its earlier statement that the detention of the persons in question arose solely from the need to combat subversion and terrorism and was in no way connected with trade union activities.

1. 258. At its meeting in February 1966 the Committee had before it a communication from the Government dated 21 January 1966, in which the Government stated that a Review Tribunal had been set up and had operated since October 1965, and that, by 31 December 1965, 82 cases had been reviewed and there remained in detention only three persons whose cases had not been reviewed. The Tribunal's recommendations in respect of 40 detainees had still to be submitted to the High Commissioner. Since 1 October 1965 four persons had been released unconditionally and five released from detention and placed under restricted residence.
2. 259. The Committee, having noted that the communication from the Government made no specific reference to the four trade unionists named in paragraph 279 of its 87th Report (their names are cited in paragraph 257 above), recommended the Governing Body, in paragraph 284 of its 87th Report:
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4. (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;
5. (b) to draw attention to the fact that the four trade unionists referred to in paragraph 279 above had already been held for over 12 months without trial when the case was further reported on to the Governing Body in November 1965;
6. (c) to take note of the Government's statement that a Review Tribunal has been examining cases of detainees since October 1965 and that a number of detainees have been released;
7. (d) to express its regret, however, that the Government's latest observations give no indication of the situation of the four trade unionists in question;
8. (e) to express the hope that, in accordance with the principle enunciated in subparagraph (a) above, these four trade unionists, if still in detention, will either be released or brought to trial at the earliest possible moment;
9. (f) to request the Government to inform the Governing Body as a matter of urgency as to the present situation of the four trade unionists and, if they are still detained, as to what steps it is intended to take in this connection.
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11. 260. The 87th Report of the Committee was approved by the Governing Body at its 164th Session (February-March 1966) and the recommendations cited in the preceding paragraph were brought to the notice of the Government of the United Kingdom by a letter dated 7 March 1966.
12. 261. In a communication dated 30 March 1966 the Government states that, after review of their cases by the Tribunal, Messrs. Faruq Mohammed Abdul Rahiman Makkawi, Ali Ahmad Ali Hamami and Taha Ahmad Ghanim still remain in detention, while Mr. Ahmed Haidra continues to be detained in his home state of Dathina. In a further communication dated 11 May 1966 the Government states that the four persons in question are being detained because their presence at large would be prejudicial to the maintenance of public order and security, and not on account of any trade union activities, but that their cases are kept under regular review.

The Committee's recommendations

1. 262. 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 first of the four trade unionists referred to in paragraph 261 above has been held without trial since August 1964 and the other three since October 1964, a situation which appears to be incompatible with the generally accepted principle enunciated in subparagraph (a) above;
   • (c) to express the hope that, in accordance with the said principle, the four trade unionists in question will either be released or brought to trial at the earliest possible moment;
   • (d) to request the Government to be good enough 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.